
SC defends freedom of speech: ‘films, poetry, satire make life meaningful’
Court axes FIR against Congress MP for controversial song, says it is judiciary’s duty to protect fundamental rights of citizens
Underlining the right to freedom of expression, the Supreme Court on Friday (March 28) quashed a First Information Report (FIR) lodged by Gujarat Police against Congress MP Imran Pratapgarhi for allegedly posting an edited video of a supposedly provocative song.
Justices Abhay S Oka and Ujjal Bhuyan said it was the duty of the judiciary to protect the fundamental rights of citizens.
SC observations
"Even if a large number of persons dislike the views expressed by another, the right of the person to express the views must be respected and protected,” the judges said.
“Literature, including poetry, drama, films, satire, and art, make the life of human beings more meaningful,” they said.
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The case
Pratapgarhi, chairman of the Congress minority cell, had challenged the January 17 dismissal by the Gujarat High Court of his petition seeking the quashing of the FIR, saying the investigation was at a nascent stage.
Pratapgarhi was booked on January 3 over the song played in the backdrop of a mass marriage which he attended in Jamnagar in Gujarat.
He was booked on charges of promoting enmity between different groups on the basis of religion and race and for imputations prejudicial to national integration.
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The video
The 46-second video clip uploaded by Pratapgarhi on X showed him showered with flower petals as he walked waving his hands and a song playing in the background.
According to the FIR, the lyrics in the song were provocative, detrimental to national unity, and hurt religious feelings.