SC upholds free speech, junks FIR against Congress MP for posting poem

The bench emphasised that the free expression of thoughts and views by individuals or groups is an integral part of a healthy, civilized society

The Supreme Court on Friday quashed the first information report (FIR) against Congress Rajya Sabha parliamentarian Imran Pratapgarhi, underlining the significance of free speech and reproaching the Gujarat police authorities for seeking to criminally prosecute a person for ostensibly delivering a message of peace through a poem that Pratapgarhi posted on social media.

The Gujarat HC, on Jan 17, refused to quash the FIR, justifying police action on the grounds that the poem could incite unrest. (HT file photo)

“No offence was attracted at all,” held a bench of justices Abhay S Oka and Ujjal Bhuyan, while reading out the operative part of the judgment.

The bench emphasised that the free expression of thoughts and views by individuals or groups is an integral part of a healthy, civilized 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 must be countered by expressing another point of view,” the court observed.

The case against Pratapgarhi stems from the FIR filed in a Jamnagar police station on January 3, invoking various provisions under the Bharatiya Nyay Sanhita (BNS) relating to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, and doing acts prejudicial to harmony.

In its judgment, the Supreme Court reinforced that “even if a large number of persons dislike the views expressed by another, the right of the person to express the views must be respected and protected. Literature, including poetry, dramas, films, satire, and art, makes human life more meaningful.”

“The courts are duty-bound to uphold and enforce the fundamental rights guaranteed under the Constitution of India. Sometimes we, the judges, may not like spoken or written words, but still, it is our duty to uphold the fundamental rights under Article 19(1). We judges are also under an obligation to uphold the Constitution and its respective ideals,” the bench noted.

The judgment further stressed that it is the duty of the courts, particularly constitutional courts, to zealously protect fundamental rights.

“It is the bounden duty of the court to ensure that the Constitution and ideals of the Constitution are not trampled upon. Constitutional courts must be at the forefront to protect the fundamental rights of individuals, including free speech, which is one of the most cherished fundamental rights for a healthy and vibrant democracy”, it read.

The court observed that the “endeavour of the judiciary should always be to protect and promote fundamental rights, including the freedom of speech and expression, which is the most important right citizens can have in any liberal constitutional democracy.”

The ruling also delivered a stern message to law enforcement, asserting that “police officers must abide by the Constitution and respect its ideals. The philosophy of constitutional ideals can be found in the Constitution itself.”