Supreme Court Quashes FIR Against Congress MP Over Poem, Champions Free Speech: 'Insecure People Who...'

On Friday, the Supreme Court declared that freedom of expression is an "integral part" of a thriving, civilised society as it struck down an FIR lodged in Gujarat against Congress MP Imran Pratapgarhi over a poem he posted on social media.

In a sharp rebuke of the Gujarat Police, the court stated that the offence of promoting enmity should not be assessed through the lens of "insecure people" who interpret everything as a threat or critique.

"Free expression of thoughts and views is an integral part of a healthy civilised society. Without it, it is impossible to lead a dignified life guaranteed under Article 21 of the Constitution. Literature, including poetry, drama, art, satire, enriches life," remarked a bench comprising Justice AS Oka and Justice Ujjal Bhuyan.

The ruling carries weight amid the ongoing controversy surrounding comedian Kunal Kamra, who faces a defamation suit for labelling Shiv Sena leader Eknath Shinde a "traitor" in a parody act.

The bench also took aim at the Gujarat High Court for refusing to dismiss the FIR, urging both courts and police to safeguard constitutional rights and describing free speech as the "most cherished right".

"The courts are duty-bound to uphold and enforce fundamental rights. Sometimes we, the judges, may not like the spoken or written words, but... we are also under an obligation to uphold the Constitution and the respective ideals," the Supreme Court emphasised.

The court instructed the police to ensure that "reasonable restrictions" on free speech remain just that-reasonable, rather than whimsical or overly restrictive.

What's the Case About?

The case stemmed from an FIR filed against Pratapgarhi in Gujarat after the Congress MP uploaded a poem on social media, accompanied by the song 'Ae khoon ke pyase baat suno'. It was seen as a subtle jab at the BJP-led government.

On January 17, the Gujarat High Court declined to quash the FIR. The Supreme Court, after hearing the matter in January, had reserved its verdict.

During the proceedings, the top court noted that the poem was neither anti-religious nor anti-national, urging the police to exercise sensitivity and grasp the true essence of freedom of speech and expression.