‘Provocative’ tune case: ‘Proper of particular person to precise views have to be revered’, says SC | India Information – The Occasions of India

NEW DELHI: The Supreme Courtroom on Friday, whereas quashing the FIR registered towards Congress MP Imran Pratapgarhi, underscored the significance of defending the liberty of speech and expression.
The Supreme Courtroom was listening to a plea of Congress chief Imran Pratapgarhi difficult an FIR by Gujarat police over a social media put up with a tune “ae khoon ke pyase baat suno”.
The 2-judge bench of Justice Abhay Oka and Justice Ujjal Bhuyan, whereas announcing the judgement, stated that no offence is made out towards Pratapgarhi and dominated that the Police should first undergo and perceive the that means of written or spoken phrases earlier than lodging an FIR in such circumstances.
The Supreme Courtroom stated that with out freedom of expression of ideas and views, it’s inconceivable to guide a dignified life assured below Article 21 of the Structure. “In a wholesome democracy, the views or ideas expressed by a person or group of people have to be countered by expressing one other viewpoint. Even when numerous individuals dislike the views expressed by one other, the precise of an individual to precise the views have to be revered and guarded. Literature, together with poetry, dramas, movies, satire, and artwork, makes the lifetime of human beings extra significant,” stated the Supreme Courtroom.
Justie Abhay Oka, whereas announcing the judgement, additional stated, “The courts are responsibility certain to uphold and implement the elemental rights assured below the Structure of India. Generally, we, the judges, might not like spoken or written phrases, however nonetheless it’s our responsibility to uphold the elemental rights below Article 19(1). We judges are additionally below an obligation to uphold the structure and respective beliefs.”
“The impact of spoken or written phrases can’t be judged on the premise of requirements of the individuals who all the time have a way of insecurity or those that all the time understand criticism as a menace to their energy or place,” Justice Oka additional noticed.
The Congress chief challenged the Gujarat excessive courtroom’s January 17 order, which dismissed his plea to quash the FIR towards him, saying that the investigation was nonetheless in its early phases.
On January 3, Pratapgarhi was booked over an alleged provocative tune performed throughout a mass marriage occasion he attended in Jamnagar.
Pratapgarhi, who heads the Congress’s minority cell, was charged below a number of sections, together with Part 196 (selling enmity between completely different teams primarily based on faith, race, and many others.) and Part 197 (making assertions dangerous to nationwide integration) of the Bharatiya Nyaya Sanhita.
The FIR cited a 46-second video clip shared by Pratapgarhi on X, the place he was seen being showered with flower petals whereas waving to the group, with a background tune that was alleged to be provocative, dangerous to nationwide unity, and offensive to spiritual sentiments.