Supreme Court quashes case against Congress MP Imran Pratapgarhi; upholds freedom of expression

NEW DELHI: The Supreme Court has emphasised that freedom of expression is essential for a dignified life, as guaranteed by the Constitution. The court supported this right by dismissing the case filed by Gujarat Police against Congress Rajya Sabha MP Imran Pratapgarhi. The case was related to a poem he posted on his X account.

Forms of art like poetry, drama, cinema, and stage shows bring meaning to human life. They enable individuals and groups to express their thoughts and opinions freely. This freedom is vital for a healthy and advanced society, the court has remarked.

The court, led by Justices Abhay S. Oka and Ujjal Bhuyan, remarked that if the police and the executive fail to uphold fundamental rights, it is the duty of the judiciary to step in and protect them. No other institution can fulfil this role.

India has been a republic for 75 years. The court noted that the country's foundation is not so fragile that performances like poetry readings or stand-up comedy can provoke enmity among communities. Even if some people disagree, the right to individual expression must be honoured and safeguarded.

The court highlighted that the poem in question promotes non-violence and resistance to injustice through love. It does not threaten the country’s integrity or communal harmony.

The court stated that police must conduct a preliminary inquiry before acting on complaints concerning freedom of expression. This is to determine whether a case is valid.

Freedom of expression is a right guaranteed by Article 19(1)(a) of the Constitution. Police officers are obligated to respect this right. The Supreme Court reminded law enforcement that they must adhere to the Constitution and its principles.