Supreme Court Upholds Freedom of Speech, Quashes FIR Against Congress MP Imran Pratapgarhi

 In a significant ruling underscoring the protection of fundamental rights, the Supreme Court reaffirmed its commitment to safeguarding freedom of speech and expression. The verdict comes amid an ongoing debate on the limits of free expression, particularly in light of the controversy surrounding comedian Kunal Kamra’s recent satirical performance.

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan emphasized that it is the judiciary’s duty to uphold constitutional freedoms, particularly in matters related to speech, artistic expression, and literature. While adjudicating on a case involving Congress MP Imran Pratapgarhi, the court remarked that literature—including poetry, drama, films, satire, and art—enriches human life and must be protected under the constitutional framework.

Quashing of FIR Against Imran Pratapgarhi

The case stemmed from an FIR lodged against Pratapgarhi by the Gujarat Police for allegedly sharing a provocative song at a mass marriage event in Jamnagar. The FIR invoked multiple sections of the Bharatiya Nyaya Sanhita, including Section 196 (promoting enmity between different groups based on religion, race, etc.) and Section 197 (imputations prejudicial to national integration). The Gujarat High Court had previously dismissed Pratapgarhi’s plea to quash the FIR, citing the ongoing nature of the investigation. However, the Supreme Court overturned the High Court’s decision, reaffirming that the right to express one’s views must be safeguarded, even when such views are unpopular or controversial.

Kunal Kamra Controversy and the Broader Debate on Free Speech

The Supreme Court’s pronouncement comes amid heightened discussions on the boundaries of free speech, fueled by comedian Kunal Kamra’s recent stand-up act. Kamra’s performance, which took a satirical swipe at Maharashtra’s political landscape and the realignment of Shiv Sena and NCP factions, triggered a strong backlash from supporters of Maharashtra Deputy Chief Minister Eknath Shinde. The controversy escalated when a group of individuals vandalized the Mumbai venue where Kamra’s act was filmed, with threats issued against the comedian.

Following the incident, an FIR was filed against Kamra, while Khar police in Mumbai detained Shiv Sena deputy leader Rahool Kanal and several others in connection with the vandalism. The episode has reignited debates on whether political satire and artistic expression should be subjected to legal scrutiny or protected as integral elements of democratic discourse.

Judicial Endorsement of Artistic and Literary Freedoms

Reaffirming the importance of artistic liberties, the Supreme Court stressed that democratic societies must accommodate diverse viewpoints. “Even if a large number of individuals disapprove of a certain perspective, the right to express it must be upheld and safeguarded,” the bench observed.

The ruling sets a critical precedent in reinforcing the judiciary’s role as a guardian of fundamental rights, ensuring that artistic and literary expressions remain insulated from undue legal and political pressures.