SC Quashes FIR Against Congress MP Imran Pratapgarhi Over Instagram Post

The Supreme Court on Friday quashed the first information report (FIR) against Congress Rajya Sabha parliamentarian Imran Pratapgarhi over his Instagram post featuring a video clip with the poem, "Ae khoon k pyasey baat suno" in the background. In fact, he created the post after attending the mass marriage in Jamnagar.

A bench of Justice Abhay Oka and Justice Ujjal Bhuyan, allowing the petition filed by Pratapgarhi, observed that no offence was made.

In the judgment, the bench emphasized that the free expression of thoughts and views by individuals or groups is an integral part of a healthy, civilized society.

According to the bench, "No offence was attracted. We also interpreted Sub-Section 1 of Section 173 by holding that when an allegation is based on spoken or written words, to decide whether information makes out the case of a cognizable offence, the police officer must read the contents of what the words are; 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."

Pronouncing the judgment, Justice Oka emphasized that free expression of thoughts and views is fundamental to a civilized society and integral to the right to live with dignity under Article 21 of the Constitution.

"In a healthy democracy, views expressed by an individual must be countered with another point of view. Even if a large number of people dislike certain opinions, the right to express them must be respected and protected. Literature, including poetry, drama, films, satire, and art, enriches human life," the court observed.

Stressing the judiciary's role in safeguarding fundamental rights, Justice Oka asserted that courts must zealously protect freedoms enshrined in the Constitution. "Judges may not always like certain spoken or written words, but it is our duty to uphold the fundamental rights under Article 19(1)," he remarked.

Justice Bhuyan added, "We also added that Article 19(2), which speaks of reasonable restriction, must remain reasonable. It can't be fanciful or oppressive. It cannot overshadow article 19(1)."

Furthermore, the ruling also delivered a stern message to law enforcement, asserting that “police officers must abide by the Constitution and respect its ideals. The philosophy of constitutional ideals can be found in the Constitution itself.”