Strongly denouncing the police for suppressing the freedom of speech, the Supreme Court on Friday said mere recital of a poem, stand-up comedy or any form of art or entertainment couldn't be alleged to lead to animosity or hatred amongst communities.
While quashing an FIR against Congress MP Imran Pratapgarhi, a bench of Justices Abhay S Oka and Ujjal Bhuyan said literature including poetry, dramas, films, stage shows including stand-up comedy, satire and art, made lives of human beings more meaningful.
"Seventy-five years into our republic, we cannot be seen to be so shaky on our fundamentals that mere recital of a poem or for that matter, any form of art or entertainment, such as, stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities," the bench said.
The court went on, "Subscribing to such a view would stifle all legitimate expressions of view in the public domain which is so fundamental to a free society." The top court said this case showed even after 75 years of the existence of our Constitution, the law enforcement machinery of the state was either ignorant about this important fundamental right or did not care for it.
Advocating free expression of thoughts by individuals, the top court said the effect of spoken or written words couldn't be judged on the basis of standards of the people who always had a sense of insecurity or those who always perceived criticism as a threat to their power or position.
The Congress leader had challenged the January 17 order of the Gujarat High Court which dismissed his petition for quashing the FIR filed against him, saying investigation was at a very nascent stage.
On January 3, Pratapgarhi was booked for the alleged provocative song in the backdrop of a mass marriage function he attended in Jamnagar.
Among other sections, Pratapgarhi, national chairman of the Congress' minority cell, was booked under Section 196 (promoting enmity between different groups on the basis of religion, race, etc.) and 197 (imputations, assertions prejudicial to national integration) of Bharatiya Nyaya Sanhita.
The 46-second video clip, uploaded by Pratapgarhi on X, showed him being showered with flower petals as he walked waving his hands and a song playing in the background which the FIR alleged had lyrics that were provocative, detrimental to national unity and hurt religious feelings.
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