The Supreme Court on Friday dismissed the FIR against Congress Rajya Sabha MP Imran Pratapgarhi over his Instagram post featuring a poem titled "Ae khoon ke pyase baat suno." The court said that protecting freedom of speech is essential.

A bench of Justices Abhay S Oka and Ujjal Bhuyan ruled that no crime was committed and criticized the Gujarat Police for acting too aggressively against Pratapgarhi. The court also stated that any restrictions on speech must be “reasonable, not fanciful.” It stressed that the right to free speech under Article 19(1) cannot be unfairly limited by Article 19(2) of the Constitution.

The Supreme Court further said that freedom of expression is a fundamental right and essential for living a dignified life, as guaranteed under Article 21 of the Constitution. 

The court stated, "In a healthy democracy, differing opinions should be countered with counter-speech rather than suppression." It also highlighted the role of literature, poetry, films, stand-up comedy, satire, and other forms of art in enriching society and making life more meaningful.

These remarks come after a controversy involving stand-up comedian Kunal Kamra, who made remarks about Maharashtra Deputy CM Eknath Shinde during his show. Clips from his set quickly went viral on social media, sparking outrage. As a result, multiple FIRs were filed against Kamra, and the Mumbai Khar venue where he performed was vandalized by unidentified individuals.

An FIR against Imran Pratapgarhi was filed on January 3 at Jamnagar police station by an advocate's clerk, who claimed that his Instagram post featuring a poem incited unrest and disrupted social harmony. The Gujarat High Court had earlier refused to cancel the FIR, criticizing Pratapgarhi for not being responsible as a lawmaker.

Pratapgarhi defended himself by saying the poem was written by well-known poets Faiz Ahmed Faiz and Habib Jalib. He even submitted screenshots from an AI tool (ChatGPT) to support his claim. However, the prosecution argued that, as a parliamentarian, he should be more careful about what he posts on social media.

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