India’s Supreme Court Clears Congress MP in Hate Speech Case, Defends Free Expression
NEW DELHI, March 28 – India’s Supreme Court on Friday ruled that a poem by Congress MP Imran Pratapgarhi did not amount to spreading communal discord, emphasizing the need for “reasonable” restrictions on free speech while upholding the right to artistic expression.
A bench comprising Justices A.S. Oka and Ujjal Bhuyan set aside a criminal case filed against Pratapgarhi by Gujarat Police under Section 196 of the Bharatiya Nyaya Sanhita, which pertains to promoting disharmony. The court said his poem on “suffering injustice with love” did not incite hate or communal violence.
“Literature, including poetry, drama, films, stage shows, satire, and art make life more meaningful,” Justice Oka said in the ruling. “The rights of persons to express their views and thoughts must be cherished.”
The case stemmed from an edited video featuring Pratapgarhi with his poem playing in the background. The 46-second clip, posted on social media platform X, showed him being showered with flower petals while walking and waving. Authorities alleged the video contained lyrics that were provocative and harmful to religious harmony.
The Gujarat High Court had previously declined to quash the First Information Report (FIR) against Pratapgarhi in January. Solicitor General Tushar Mehta argued before the Supreme Court that poetry could have multiple interpretations, calling Pratapgarhi’s work “sadak chaap” (cheap) and dismissing comparisons to Mahatma Gandhi’s philosophy of non-violence.
The Supreme Court, however, rejected the allegations and underscored the duty of the police and government to uphold free speech. “A person’s views cannot be silenced merely because a majority does not like them,” the court said, adding that dissenting opinions are integral to democracy.
Justice Bhuyan reiterated that any restrictions on free speech must be “reasonable” and should not become oppressive. “Without free thought and expression, it is impossible to live a dignified life guaranteed under Article 21 of the Constitution,” Justice Oka wrote in the judgment. The ruling marks another instance of India’s top court defending free speech amid increasing scrutiny of artistic and political expression.
