New Delhi [India], March 28 : Stressing the importance of protecting freedom of speech and expression, the Supreme Court on Friday quashed an FIR registered against Congress MP Imran Pratapgarhi by Gujarat police over a social media post with a poem 'ae khoon ke pyase baat suno..."
A bench of Justice Abhay S Oka and Ujjal Bhuyan allowed the petition filed by Pratapgarhi against the FIR while observing that no offence was made.
The apex court said 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, said the bench.
"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 the 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," said the apex court in its verdict.
The verdict further stated that courts must uphold rights even if they don't like what was expressed.
"The courts are duty bound to uphold and enforce the fundamental rights guarantee 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 Constitution and respective ideals," it added.
It is the duty of the court to step in and to protect the fundamental rights, particularly the constitutional courts must be at the forefront to zealously protect the fundamental rights of the citizens, said the top court.
"It is the bounden duty of the court to ensure that the Constitution and ideals of the Constitution are not trampled upon," it added.
Endeavour of the court should be to always protect and promote the fundamental rights including the freedom of speech and expression which is the most important right citizens can have in all liberal constitutional democracies, the verdict further stated.
Quashing the FIR, the apex court said Police officers being citizens are bound to abide by the Constitution and to uphold the rights.
It said that Police must first go through and understand the meaning of written or spoken words before lodging FIR in such cases.
The offence of promoting enmity between religious groups under Section 196 of the Bharatiya Nyaya Sanhita (BNS) cannot be invoked based on the standards of insecure people who take offence at every slight criticism, it said.
"In the preamble it is laid down that the people of India solemnly decided to constitute India into a sovereign socialist secular democratic republic and to secure all its citizens liberty of thought. Therefore, Liberty of thought and expression is one of ideals of our Constitution," the verdict stated.
It further said "the effect of spoken or written words cannot be judged on the basis of standards of the people who always have the sense of insecurity or those who always perceive criticism as a threat to their power or position," the Court observed.
Pratapgarhi was facing charges of promoting communal disharmony by posting a video clip on his social media handle with poem "ae khoon ke pyase baat suno..."
The apex court had earlier granted protection to Pratapgarhi from arrest after Gujarat Police registered FIR against him over a social media post with poem "ae khoon ke pyase baat suno..."
On January 3, the national chairman of Congress' minority cell Pratapgarhi was booked by Jamnagar police for promoting enmity between different groups on the basis of religion, race, statements prejudicial to national integration, insulting religious group or their beliefs, abetting the commission of an offence by the public or by a group of more than ten people, among other charges.
The FIR alleged that the Rajya Sabha MP was booked after he posted the 46-second video clip on December 29 on X handle with a poem "ae khoon ke pyase baat suno..." running in the background.
A Jamnagar resident filed an FIR alleging that Pratapgarhi used a song which was "provocative, detrimental to national integrity and hurt religious sentiments".
Thereafter, he moved the High Court for quashing the FIR, saying that the poem, based on which the FIR was filed, "is a poem spreading a message of love."
The High Court on January 17, 2025, refused to quash the FIR, saying there was need for further investigation and that he had not cooperated with the investigation process.
Before the High Court the Congress MP maintained that "reading of the song-poem, it is a message of love and non-violence."