The Supreme Court on Friday reaffirmed the importance of freedom of speech, saying that literature, including poetry, drama, cinema, satire, and painting, enriches human existence. The court made this in the process of quashing an FIR lodged by the Gujarat Police against Congress MP Imran Pratapgarhi on charges of a so-called “provocative” song.
A bench of Justices Abhay S Oka and Ujjal Bhuyan emphasized the responsibility of the judiciary to protect the basic rights of citizens, particularly freedom of speech and expression. “Even if a majority of people do not like the opinion expressed by someone, the right of person to express the opinions should be upheld and protected,” the bench declared.
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Although this ruling came in Pratapgarhi’s case, it coincided with a growing debate over comedian Kunal Kamra’s satirical act targeting Maharashtra Deputy Chief Minister Eknath Shinde. Kamra’s stand-up performance, uploaded on YouTube and Instagram, sparked outrage among Shinde’s supporters. On Sunday, his detractors vandalized the Mumbai venue where the show was shot, threatening they would not allow him “walk freely.” The police have detained Shiv Sena deputy leader Rahool Kanal and others who took part in the attack, while an FIR has been filed against Kamra.
During his act, Kamra ridiculed Maharashtra’s political realignments, highlighting the chaos created by Shiv Sena and NCP factions breaking up. He joked, “Jo inhone Maharashtra ke election me kia hai. bolna padega. pehle Shiv Sena BJP se bahar aa gayi fir Shiv Sena Shiv Sena se bahar aa gayi. NCP NCP se bahar aa gayi. ek voter ko 9 button dediye. sab confuse ho gaye…” He also made a veiled mention of Eknath Shinde, stating, “Chalu ek jan ne kia tha. wo Mumbai me bohot badhiya ek district hai Thane waha se aate hain…,” before breaking into a song that parodies a song from Dil To Pagal Hai.
In the Imran Pratapgarhi case, meanwhile, the Congress leader had objected to the Gujarat High Court’s January 17 ruling, which declined to quash the FIR, saying that the investigation was in its initial stages. Pratapgarhi was arrested on January 3 for allegedly sharing a provocative song at a mass marriage ceremony in Jamnagar. He was booked under several sections of the Bharatiya Nyaya Sanhita, including Section 196 (encouraging animosity between various groups on religious grounds, race, etc.) and Section 197 (statements prejudicial to national integration).
The case was based on a 46-second video posted on the X platform, in which Pratapgarhi waved to a group of people as flower petals rained on him while a song played in the backdrop. The FIR charged that the lyrics of the song were inflammatory and derogatory to national unity. But with the intervention of the Supreme Court, the case against him has been quashed.
