‘Provocative’ song case: ‘Right of person to express views must be respected’, says SC | India News

NEW DELHI: The Supreme Court on Friday, while quashing the FIR registered against Congress MP Imran Pratapgarhi, underscored the importance of protecting the freedom of speech and expression.
The Supreme Court was hearing a plea of Congress leader Imran Pratapgarhi challenging an FIR by Gujarat police over a social media post with a song “ae khoon ke pyase baat suno”.
The two-judge bench of Justice Abhay Oka and Justice Ujjal Bhuyan, while pronouncing the judgement, said that no offence is made out against Pratapgarhi and ruled that the Police must first go through and understand the meaning of written or spoken words before lodging an FIR in such cases.
The Supreme Court said that 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 or 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 a person to express the views must be respected and protected. Literature, including poetry, dramas, films, satire, and art, makes the life of human beings more meaningful,” said the Supreme Court.
Justie Abhay Oka, while pronouncing the judgement, further said, “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 respective ideals.”
“The effect of spoken or written words cannot be judged on the basis of standards of the people who always have a sense of insecurity or those who always perceive criticism as a threat to their power or position,” Justice Oka further observed.
The Congress leader challenged the Gujarat high court’s January 17 order, which dismissed his plea to quash the FIR against him, saying that the investigation was still in its early stages.
On January 3, Pratapgarhi was booked over an alleged provocative song played during a mass marriage event he attended in Jamnagar.
Pratapgarhi, who heads the Congress’s minority cell, was charged under multiple sections, including Section 196 (promoting enmity between different groups based on religion, race, etc.) and Section 197 (making assertions harmful to national integration) of the Bharatiya Nyaya Sanhita.
The FIR cited a 46-second video clip shared by Pratapgarhi on X, where he was seen being showered with flower petals while waving to the crowd, with a background song that was alleged to be provocative, harmful to national unity, and offensive to religious sentiments.