New Delhi: The Supreme Court on Friday reaffirmed that freedom of expression is an essential part of a civilised society while quashing criminal proceedings against Congress MP Imran Pratapgarhi over his Instagram post featuring the poem “Ae Khoon Ke Pyase Baat Suno”. The Gujarat police had registered an FIR against the Congress leader, accusing him of promoting enmity through his social media content.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan ruled that no offence was made out against Pratapgarhi. The court also directed law enforcement agencies and lower courts to ensure the protection of individuals expressing unpopular opinions.
“Free expression of thoughts and views by individuals or groups is an integral part of a healthy civilised society. Without freedom of expression, it is impossible to lead a dignified life as guaranteed under Article 21 of the Constitution,” the bench observed, as reported by Live Law.
The court further noted that even if a significant number of people oppose certain views, the right of an individual to express them must be safeguarded. “Literature, including poetry, dramas, films, satire, and art, makes human life more meaningful,” the ruling added.
The Congress leader had challenged the Gujarat High Court’s January 17 order, which had refused to quash the FIR, stating that the investigation was still in its early stages. The case stemmed from a mass marriage function in Jamnagar on January 3, where Pratapgarhi was booked under Sections 196 and 197 of the Bharatiya Nyaya Sanhita for allegedly promoting enmity and making assertions prejudicial to national integration.
The FIR was based on a 46-second video posted on X, showing Pratapgarhi being showered with flower petals while a song played in the background. The police had alleged that the lyrics were provocative and could harm national unity.
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