In a big statement validating the practice of free speech in the country, the Supreme Court on Friday said freedom of expression was an "integral part" of a healthy civilised society.
The top court's verdict came as it quashed an FIR filed in Gujarat against Congress MP Imran Pratapgarhi over a poem uploaded by him on social media.
The verdict finds more relevance amid the the row involving comedian Kunal Kamra, who is facing a defamation case for calling Shiv Sena chief Eknath Shinde a "traitor" during a parody performance.
FIR Against Congress MP Imran Pratapgarhi
On January 3, an FIR was lodged against Pratapgarhi at Jamnagar police after he posted on Instagram a video clip with the poem "Ae khoon ke pyase baat suno" playing in the background. The complainant alleged that the poem incited unrest and disturbed social harmony.
The Gujarat High Court had earlier refused to quash the FIR, criticising Mr Pratapgarhi for not acting responsibly as a lawmaker.
Defending himself, Pratapgarhi claimed the poem was authored by renowned poets Faiz Ahmed Faiz or Habib Jalib. He submitted screenshots from an AI tool (ChatGPT) to support his claim. However, the prosecution argued that his status as a parliamentarian required him to exercise greater caution on social media.
What Did The Top Court Say?
According to a report by NDTV, a bench of Justice AS Oka and Justice Ujjal Bhuyan said, "Free expression of thoughts and views is an integral part of a healthy civilised society. Without it, it is impossible to lead a dignified life guaranteed under Article 21 of the Constitution. Literature, including poetry, drama, art, satire, enriches life."
Further criticising the Gujarat High Court over refusing to quash the FIR, the bench reminded the courts and the police of their duty to protect constitutional rights, saying free speech was the "most cherished right".
"The courts are duty-bound to uphold and enforce fundamental rights. Sometimes we, the judges, may not like the spoken or written words, but... we are also under an obligation to uphold the Constitution and the respective ideals," the top court said, as per the report.
Kunal Kamra 'Traitor' Joke Row
Recently, a political slugfest erupted over Comedian Kunal Kamra's subtle parody targeting Maharashtra Deputy CM Eknath Shinde.
The entire controversy stemmed from Kunal Kamra's performance at the Habitat Comedy Club at the Unicontinental Hotel in the Khar area on Sunday.
Kamra had referred to Shinde as a "traitor" and went on to sing a modified version of a Hindi song from the movie 'Dil Toh Pagal Hai' to describe the 2022 rebellion of Shinde against Uddhav Thackeray.
During his latest stand-up performance 'Naya Bharat', Kamra took a veiled dig at Shinde, mocking him in a parody song and calling him a traitor without naming him. The joke referred to Shinde breaking away from the Uddhav Thackeray-led Shiv Sena to join hands with the BJP and subsequently form the government in Maharashtra in 2022.
Breaking his silence over the political flare-up, the deputy CM in his reaction asserted, "we understand satire, but there should be a limit".
Kunal Kamra on Friday approached the Madras High Court for protection from arrest. This came a day after Maharashtra minister Shambhuraj Desai criticized comedian Kunal Kamra for his recently reposted video targeting Union Finance Minister Nirmala Sitharaman, stating that it was time for Kamra to receive the ‘prasad of Shiv Sena’. Desai accused the comedian of intentionally insulting prominent figures like Shinde, Sitharaman, and Prime Minister Narendra Modi.
