Supreme Court: Freedom of Speech Vital

Aakhir Tak – In Shorts

• Supreme Court declares freedom of expression an integral part of a healthy civilized society.
• The court quashed an FIR filed against Congress MP Imran Pratapgarhi.
• The Supreme Court criticized the Gujarat Police, stating that insecure people see everything as a threat.
• This ruling holds significance against the backdrop of the Kunal Kamra controversy.
• The court directed police to ensure “reasonable restrictions” on free speech remain reasonable.

Aakhir Tak – In Depth

The Supreme Court on Friday said freedom of expression was an “integral part” of a healthy civilized society. The court cancelled an FIR filed in Gujarat against Congress MP Imran Pratapgarhi over a poem uploaded by him on social media. This Supreme Court ruling on freedom of speech is important for the nation.

Details of the Case

The top court, in strong remarks against the Gujarat Police, said the offence of promoting enmity cannot be judged by the standards of “insecure people” who see everything as a threat or criticism. A bench of Justice AS Oka and Justice Ujjal Bhuyan said, “Free expression of thoughts and views is an integral part of a healthy civilized society. Without it, it is impossible to lead a dignified life guaranteed under Article 21 of the Constitution. Literature, including poetry, drama, art, satire, enriches life.”

This verdict holds importance against the backdrop of the row involving comedian Kunal Kamra, who is facing a defamation case for calling Shiv Sena chief Eknath Shinde a “traitor” during a parody performance.

Criticism of Gujarat High Court

Criticising the Gujarat High Court for refusing to quash the FIR, the bench reminded the courts and the police of their duty to protect constitutional rights, saying free speech was the “most cherished right.” The top court said, “The courts are duty-bound to uphold and enforce fundamental rights. Sometimes we, the judges, may not like the spoken or written words, but… we are also under an obligation to uphold the Constitution and the respective ideals.”

Directives to the Police

The Supreme Court directed the police to ensure that “reasonable restrictions” on free speech remain “reasonable and not fanciful and obstructive.”

What is the Case?

A case was filed against Pratapgarhi in Gujarat after the Congress MP shared a poem on social media with the song ‘Ae khoon ke pyase baat suno’ playing in the background. It was perceived to be a dig at the BJP-ruled government. On January 17, the Gujarat High Court declined to cancel the FIR. The Supreme Court had reserved its judgment after hearing the case in January. During the hearing, the top court said the poem was not anti-religious or anti-national, and the police must show sensitivity and understand the meaning of freedom of speech and expression. Freedom of speech is the cornerstone of democracy and it is the duty of both the judiciary and the government to protect it.

Aakhir Tak – Key Takeaways to Remember

• Supreme Court declared freedom of speech integral to a healthy society.
• The court quashed the FIR filed against Imran Pratapgarhi.
• The Supreme Court criticized the Gujarat Police.
• Police directed to ensure reasonable restrictions on freedom of speech.
• This ruling is significant against the backdrop of the Kunal Kamra controversy.

Aakhir Tak Editor-in-Chief

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