NEW DELHI: In a major relief to Congress Rajya Sabha MP Imran Pratapgarhi, the Supreme Court on Friday quashed the FIR and criminal proceedings initiated by the Gujarat police against him over his social media post featuring the poem "Ae Khoon Ke Pyase Baat Suno."
The two-judge bench, led by Justice Abhay S. Oka and Justice Ujjal Bhuyan, stated, "No offence is made out against Pratapgarhi," and ruled that the police must first understand the meaning of written or spoken words before lodging an FIR in such cases.
The bench emphasised that the Constitution allows reasonable restrictions on the freedom of speech and expression, but these restrictions should not be unreasonable or used to trample on citizens' rights.
The court further explained that written or spoken expressions should be evaluated from the perspective of a reasonable person, not from those who perceive criticism as a threat to their power and status.
The Supreme Court also highlighted the importance of various forms of art, including poetry, drama, music, and satire, which add meaning to human life. It stated that people should be granted the freedom to express themselves through these mediums.
The court delivered its judgment on Pratapgarhi's appeal after reserving the verdict on March 3.
The FIR had been filed against Pratapgarhi after he allegedly posted a 46-second video on his X (formerly Twitter) handle on December 29, 2023, featuring the poem "Ae Khoon Ke Pyase Baat Suno."
Earlier, the apex court had noted that freedom of speech and expression must be understood by the police "at least now, after 75 years of the Constitution."
The court had also observed that the poem "Ae Khoon Ke Pyase Baat Suno" promoted a message of non-violence and criticized the police for their lack of sensitivity in lodging the FIR.
The court explained that the poem had nothing to do with religion or anti-national activity and actually conveyed a message of non-violence. It pointed out that the poem suggested that even in the face of injustice and loss, one should respond with love and acceptance.
The Supreme Court had earlier questioned the Gujarat Police's actions, noting that the poem was ultimately a message of peace and not against any religion
It emphasized that the poem conveyed a message of non-violence, even in situations involving violence, and that it was not aimed at any particular community.
The case began when a resident of Jamnagar filed an FIR against Pratapgarhi, alleging that his social media post, which included a provocative song, was "detrimental to national integrity and hurt religious sentiments."
Pratapgarhi moved the Gujarat High Court to quash the FIR, arguing that the poem spread a message of love and non-violence. However, the Gujarat High Court refused to quash the FIR, stating that further investigation was needed and accusing Pratapgarhi of not cooperating with the investigation process.
Subsequently, Pratapgarhi approached the Supreme Court for relief.
The FIR, registered on January 3, 2024, accused Pratapgarhi of promoting enmity between different groups based on religion, race, and other charges related to national integration. Pratapgarhi vehemently denied the allegations.
