Case Brief: Imran Pratapgarhi vs. State of Gujarat
Court: Supreme Court of India
Bench: Justices Abhay S. Oka and Justice Ujjal Bhuyan
Date of Judgement: March 28, 2025
Parties:
- Petitioner: Imran Pratapgarhi, Member of Parliament (MP), Rajya Sabha, representing the Indian National Congress
- Respondent: State of Gujarat
Background:
Imran Pratapgarhi Vs. State of Gujarat: Imran Pratapgarhi, a Member of Parliament and Rajya Sabha representative for the Indian National Congress, attended a mass marriage event in Jamnagar, Gujarat, on January 3, 2025. Following the event, he shared a 46-second video on social media that featured the poem “Ae khoon ke pyase baat suno,” with flower petals falling around him and the poem’s audio playing in the background. The lyrics were seen as provocative and potentially damaging to national unity and religious sentiments. As a result, an FIR was filed against him under Sections 196 and 197 of the Bharatiya Nyaya Sanhita (BNS), claiming that he was promoting enmity between different groups.
Issues:
- Does the FIR against Imran Pratapgarhi for his social media post infringe on his fundamental right to freedom of speech and expression as guaranteed by Article 19(1)(a) of the Constitution?
- Can the content of the post be considered as promoting enmity between different groups under Sections 196 and 197 of the BNS?
Arguments:
- Petitioner’s Argument: The social media post was simply a creative expression of art and satire, meant to convey a message of love and non-violence. It was not intended to incite hatred or communal discord. The FIR violates his constitutionally protected freedom of expression.
- Respondent’s Argument: The lyrics of the song in the post could be interpreted as inciting enmity between different groups, which would justify the FIR under Sections 196 and 197 of the BNS.
Decision:
The Supreme Court dismissed the FIR against Imran Pratapgarhi, highlighting the vital role of freedom of speech and expression in a civilized society. The Court determined that the content of the post did not warrant the charges brought against him. It stated that the effect of spoken or written words should be judged based on the standards of reasonable and strong-minded individuals, not those who perceive criticism as a threat. The Court also criticized the Gujarat High Court’s refusal to quash the FIR, asserting that courts are duty-bound to protect citizens’ fundamental rights, especially when no prima facie case exists.
Significance:
This judgment reinforces the judiciary’s role in safeguarding free speech, particularly when expressions are artistic or satirical. It sets a precedent against the misuse of laws pertaining to promoting enmity, ensuring that citizens’ rights to express their thoughts are not suppressed on flimsy grounds. The ruling also serves as a reminder to law enforcement agencies to exercise due diligence before initiating criminal proceedings that may infringe upon fundamental freedoms.
Read Complete Judgement Here: IMRAN PRATAPGARHI VS STATE OF GUJARAT SC JUDGEMENT PDF
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