Supreme Court Quashes FIR, Upholds Free Speech in Congress MP Case
In a landmark judgment dated 28th March 2025, the Supreme Court of India quashed the FIR lodged against Congress MP Imran Pratapgarhi
Supreme Court Quashes FIR Against Congress MP Over Poem Posting
In a landmark judgment dated 28th March 2025, the Supreme Court of India quashed the FIR lodged against Congress MP Imran Pratapgarhi, with the FIR having been filed by the Gujarat Police against the backdrop of a poem published by him on the internet, entitled “Ae khoon ke pyase baat suno”. The judgment highlights the supreme value of freedom of speech and expression in a democratic society.
Background of the Case
Imran Pratapgarhi, a noted Urdu poet and Congress Rajya Sabha MP, shared a 46-second video clip on his social media handle on December 29, 2023. The video featured the poem “Ae khoon ke pyase baat suno” playing in the background. A resident of Jamnagar subsequently filed an FIR against Pratapgarhi, alleging that the poem was provocative, anti-national, and hurtful to religious sentiments. The FIR was laid with charges under promoting enmity between different religious groups and making statements prejudicial to national integration.
Judicial Proceedings
Pratapgarhi moved the Gujarat High Court for quashing the FIR on the grounds that the poem spreads a message of love and non-violence. The High Court, however, on January 17, 2025, refused to quash the FIR and said that a further investigation was needed while citing Pratapgarhi’s alleged lack of cooperation in the investigation process. An appeal was then filed by Pratapgarhi before the Supreme Court.
Supreme Court’s Observations
A bench of the Supreme Court consisting of Justices Abhay S. Oka and Ujjal Bhuyan rendered an emphatic judgment quashing the FIR. The Court asserted that this was a case in which no offense was made out and emphasized the greater role of free expression in a democratic society. The bench said, “Free expression of thoughts and views by individuals or groups of individuals 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 granted under Article 21 of the Constitution.”
The Court further stated that in a healthy democracy, the improper views expressed by individual or group-in power must be countered by another point of view, rather than through suppression or legal action. The judgment mentioned: “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.”
Effects on Freedom of Speech
This ruling holds great significance for the protection of freedom of speech and expression in India. The Supreme Court has reiterated the idea that literature, more specifically poetry, is a medium through which criticized human life is elevated, and must therefore enjoy protection. The Court observed that: “Literature, including poetry, dramas, films, satire, and art, make life of human beings more meaningful.”
The judgment reminds law enforcement agencies of the necessity for adherence to the constitutional ideals of the country. The Court therefore observed that police officers are bound to operate also under the Constitution as it pertains to its very tenets that include liberty of thought and expression as engraven in the Preamble.
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The Supreme Court judgment quashing the FIR against Imran Pratapgarhi becomes a landmark declaring the rights for free speech in India. By upholding the right to express views, possibly unpopular and controversial, the Court has only further reinforced one of democracy’s foundations. It vindicates Imran Pratapgarhi and protects artistic expression and dissenting voices by strengthening the marketplace of ideas.
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