The Supreme Court today dismissed an FIR lodged against Congress Rajya Sabha MP Imran Pratapgarhi for his Instagram post featuring a poem titled “Ae khoon ke pyase baat suno” and said “courts must be at the forefront to protect freedom of speech and expression.”

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan held that no offence was made out, criticising the overzealousness of the Gujarat Police in initiating action against Mr Pratapgarhi.

The Supreme Court said that restrictions on speech must be “reasonable, not fanciful,” stressing that Article 19(2) of the Constitution cannot overshadow the freedoms guaranteed under Article 19(1). 

“Without freedom of expression of thoughts and views, it is impossible to lead a dignified life as guaranteed under Article 21 of the Constitution. In a healthy democracy, differing views must be countered with counter-speech, not suppression,” the Court said. “Literature, including poetry, drama, films, stand-up comedy, satire, and art, makes life more meaningful.”

The remarks come in the middle of a massive political row involving stand-up comedian Kunal Kamra and what he said in his set about Maharashtra Deputy Chief Minister Eknath Shinde. Clips from Mr Kamra’s set went viral on social media, leading to FIRs being registered against the comic and the Mumbai Khar venue where he performed the set being vandalised. 

On the other hand, FIR against Mr Pratapgarhi was filed on January 3 at Jamnagar police station by an advocate’s clerk, alleging that the poem in his Instagram post incited unrest and disturbed social harmony. The Gujarat High Court had earlier refused to quash the FIR, criticising Mr Pratapgarhi for not acting responsibly as a lawmaker.

Mr Pratapgarhi claimed the poem was authored by renowned poets Faiz Ahmed Faiz or Habib Jalib. He submitted screenshots from an AI tool (ChatGPT) to support his claim. However, the prosecution argued that his status as a parliamentarian required him to exercise greater caution on social media.