Free speech must not be measured by fragile sensibilities, says SC
New Delhi: The Supreme Court on Friday quashed an FIR lodged by the Gujarat Police against Congress MP Imran Pratapgarhi over an alleged edited video featuring a provocative song, reaffirming the importance of protecting free speech.
The court stated that speech and written words must be assessed based on the perception of a reasonable and strong-minded individual rather than those who feel insecure or perceive criticism as a direct threat. “Views, thoughts, and opinions in a democracy must be countered by another perspective. Even if a large number of persons dislike the views expressed, the right of the individual to express them must be respected and protected,” the court held.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan stressed the necessity of safeguarding the fundamental rights of individuals, asserting that courts must act as protectors of constitutional freedoms. “Free expression of thoughts by individuals or groups of individuals is an integral part of a healthy and civilised society. Without freedom of expression, it is impossible to lead a dignified life as guaranteed under Article 21 of the Constitution,” the bench observed.
Highlighting the role of literature, art, and satire in shaping a meaningful human experience, the bench noted that constitutional courts have a duty to be at the forefront of defending citizens’ fundamental rights. “We judges may not always agree with certain expressions, but it remains our obligation to uphold the fundamental rights enshrined in Article 19(1),” the bench said.
The apex court also stated that it is the judiciary’s responsibility to prevent any trampling of constitutional ideals. “It is the bounden duty of the court to ensure that the Constitution and its principles remain intact,” it added.
Pratapgarhi had challenged the Gujarat High Court’s order dated January 17, which had dismissed his plea to quash the FIR. The high court had reasoned that the investigation was at a nascent stage.
The case stems from an event on January 3, when Pratapgarhi attended a mass marriage function in Jamnagar. A 46-second video clip from the event was posted by him on X, in which he was seen being showered with flower petals while a background song played. The FIR alleged that the lyrics of the song were provocative and detrimental to national unity.
Pratapgarhi, who serves as the national chairman of the Congress’ minority cell, was booked under multiple sections of the Bharatiya Nyaya Sanhita, including Section 196 (promoting enmity between different groups based on religion, race, etc.) and Section 197 (imputations prejudicial to national integration).
