New Delhi: The Supreme Court on Friday said that freedom of expression is an "integral part" of a healthy civilised society. The apex court made these remarks while quashing criminal proceedings initiated by the Gujarat police against Congress MP Imran Pratapgarhi over his over his Instagram post with a poem ‘Ae khoon ke pyase baat suno’.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan, while hearing a petition filed by Pratapgarhi challenging the FIR against him, held that no offence was made out.
In the judgment, the bench asked courts and police to perform their duty to uphold the rights of persons expressing unpopular opinions.
“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 guaranteed under Article 21 of the Constitution. 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,” the bench said as reported by Live Law.
“Even if a large number of persons dislike the views expressed by another, the right of 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,” the bench added.
All About The Case:
The Congress leader had challenged the January 17 order of the Gujarat High Court which dismissed his petition for quashing the FIR filed against him, saying investigation was at a very nascent stage.
On January 3, Pratapgarhi was booked for the alleged provocative song in the backdrop of a mass marriage function he attended in Jamnagar.
Among other sections, Pratapgarhi, national chairman of the Congress' minority cell, was booked under Section 196 (promoting enmity between different groups on the basis of religion, race, etc.) and 197 (imputations, assertions prejudicial to national integration) of Bharatiya Nyaya Sanhita.
The 46-second video clip, uploaded by Pratapgarhi on X, showed him being showered with flower petals as he walked waving his hands and a song playing in the background which the FIR alleged had lyrics that were provocative, detrimental to national unity and hurt religious feelings.
