'It Is Impossible To...': SC On Freedom Of Expression Amid Kunal Kamra Row, Quashes Congress MP's FIR

The Supreme Court upheld the significance of freedom of expression, acknowledging its crucial role in leading a dignified life while quashing FIR against Congress MP Imran Pratapgarhi by Gujarat Police.

Amid the row over comedian Kunal Kamra's joke on Enakth Shinde, the Supreme Court on Friday observed that without freedom of expression it is impossible to lead a dignified life. 

The top court remarked while quashing an FIR against Congress MP Imran Pratapgarhi by Gujarat police over a social media post with a poem 'ae khoon ke pyase baat suno…”

Hearing the matter, a bench of Justices Abhay S Oka and Ujjal Bhuyan said it is the duty of court to protect the fundamental rights of citizens.

“In a healthy democracy, the views of thoughts expressed by an individual or group of individuals must be countered by expressing another point of view. Even if a large number of persons dislike the views expressed by another, the right of a person to express the views must be respected and protected," said the top court. 

"Literature including poetry, dramas, films, satire, and art make the life of human beings more meaningful,” the apex court added. 

The top court's remark comes amid an ongoing row over comedian Kunal Kamra's jokes on Maharashtra Deputy Chief Minister Eknath Shinde. The jokes irked Shinde faction of the Shiv Sena resulting in vandalism of the venue where the performance took place. 

An FIR has also been registered against Kamra. 

FIR Against Imran Pratapgarhi 

Congress MP Imran Pratapgarhi had challenged the January 17 order of the Gujarat High Court which had dismissed his plea for quashing the FIR booked against him. The High Court had said that the investigation was at a very nascent stage. 

On January 3, an FIR was registered against the Congress MP for the alleged provocative song in the backdrop of a mass marriage function he attended in Jamnagar. 

Pratapgarhi, national chairman of the Congress' minority cell, was booked under Section 196 (promoting enmity between different groups on the basis of religion, race, etc.) and 197 (imputations, assertions prejudicial to national integration) of Bharatiya Nyaya Sanhita.

The video clip of the performance, uploaded by the MP on his X handle showed him being showered with flower petals as he walked waving his hands and a song playing in the background. 

The FIR alleged that the lyrics of the song were provocative, detrimental to national unity, and hurt religious feelings.

 

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