SC dismisses FIR against Congress MP over poem; educates police
What's the story
The Supreme Court has quashed an FIR by the Gujarat Police against Congress Rajya Sabha MP Imran Pratapgarhi.
The case was based on a video posted on Instagram containing a poem, Ae khoon ke pyase baat suno.
A bench of Justices Abhay Oka and Ujjal Bhuyan ruled in favor of Pratapgarhi's petition, saying no offense was made.
Free speech
SC emphasizes importance of free speech
In their judgment, the SC emphasized on the need for free speech and expression.
"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," the court said.
"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."
Court
'Poetry, dramas, films, satire, make lives of more meaningful'
Justice Oka remarked that even if the majority 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 lives of human beings more meaningful," he added.
The Supreme Court also came down heavily on the Gujarat High Court, which refused to quash the FIR.
It emphasized that courts are duty-bound to uphold and enforce fundamental rights guaranteed under the Constitution.
High court criticism
SC criticizes Gujarat High Court's decision
"The 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 democracy," the bench said.
The SC also had a strong message for cops: "Police officer must abide by the Constitution and respect the ideals."
The court said the effect of spoken/written words should be judged by the standards of a strong-minded firm and courageous individual.
High court
Gujarat High Court refused to dismiss the FIR
The Gujarat High Court refused to dismiss the FIR, stating that the poem's text included references to "the throne" and that responses to the post signaled a possible disruption in societal harmony.
The high court said that as an MP, Pratapgarhi was required to understand the consequences of such positions and avoid activities that could undermine societal harmony.
The Congress MP then challenged the high court's decision before the Supreme Court.