GUWAHATI: The Supreme Court on Friday, March 28, quashed an FIR filed by the Gujarat Police against Congress Rajya Sabha MP Imran Pratapgarhi over an Instagram post featuring a poem "Ae Khoon Ke Pyase".
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A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan allowed Pratapgarhi’s petition, stating that no offence had been made.
In its judgment, the bench highlighted the significance of protecting the freedom of speech and expression, reminding both courts and the police of their duty to uphold fundamental rights, even in cases where opinions may be unpopular.
Justice Oka, while reading out excerpts from the judgment, noted:
"Free expression of thoughts and views by individuals or groups of individuals is an integral part of a healthy civilised society. Without freedom of expression of thoughts and views, it is impossible to lead a dignified life guaranteed under Article 21 of the Constitution. In a healthy democracy, the views of thoughts expressed by an individual or group of individuals must be countered by expressing another point of view."
“Even if a large number of persons dislike the views expressed by another, the right of person to express the views must be respected and protected. Literature including poetry, dramas, films, satire, and art make the life of human beings more meaningful," he added.
The Supreme Court asserted that judicial bodies are duty-bound to uphold fundamental rights, even if the judges personally disapprove of the expressed opinions. The Court further remarked that, 75 years into the republic, India should not be so "shaky on our fundamentals" that poetry, art, or stand-up comedy could be construed as inciting animosity.
The FIR, registered in Jamnagar under Sections 196, 197, 299, 302, and 57 of the Bharatiya Nyaya Sanhita, 2023, included allegations of promoting enmity between different groups. The Gujarat High Court had initially refused to quash the case, citing potential disruption to social harmony, but the Supreme Court's ruling has now overturned that decision.
