Fri Mar 28 05:24:28 UTC 2025: ## Supreme Court Strikes Down FIR Against Congress MP for Poem, Underscores Freedom of Speech
**New Delhi:** The Supreme Court today dismissed a First Information Report (FIR) filed against Congress Rajya Sabha MP Imran Pratapgarhi for an Instagram post featuring a poem, asserting that courts must actively protect freedom of speech and expression. A bench criticized the Gujarat Police for their “overzealousness” in initiating action, stating that restrictions on speech must be reasonable and not arbitrary.
The Court ruled that no offense was committed by Pratapgarhi, emphasizing that Article 19(2) of the Constitution, which allows for reasonable restrictions on free speech, cannot outweigh the fundamental right to free expression guaranteed under Article 19(1). The judges further highlighted the importance of free speech for a dignified life, as enshrined in Article 21, and advocated for counter-speech rather than suppression of differing views in a democracy. The ruling comes amidst recent controversies surrounding stand-up comedian Kunal Kamra, who also faced FIRs following his performance.
The FIR against Pratapgarhi, filed in January by an advocate’s clerk in Jamnagar, alleged that his poem incited unrest. While the Gujarat High Court initially refused to quash the FIR, the Supreme Court overturned the decision. Pratapgarhi maintained the poem was by renowned poets Faiz Ahmed Faiz or Habib Jalib, presenting evidence from an AI tool. The prosecution argued that his position as a parliamentarian demanded greater caution in his social media usage. The Supreme Court’s decision underscores the importance of protecting artistic expression and diverse viewpoints in India’s democratic landscape.
First Piper 