The Supreme Court dismissed an FIR against Congress Rajya Sabha MP Imran Pratapgarhi for his Instagram post, saying restrictions on speech must be ‘reasonable, not fanciful’, amid the ongoing Kunal Kamra controversy in Maharashtra. It stated that Article 19(2) of the Constitution cannot overshadow the freedoms guaranteed under Article 19(1).
Pratapgarhi shared a poem titled Ae khoon ke pyase baat suno, authored by renowned poets Faiz Ahmed Faiz or Habib Jalib. The FIR alleged that the poem incited unrest and disturbed social harmony and the Gujarat High Court had criticized Pratapgarhi for not acting responsibly as a lawmaker. The prosecution argued that the politician’s status as a parliamentarian required him to exercise greater caution on social media.
However, the top court said courts must be at the forefront to protect freedom of speech and expression. It stated that without freedom of expression of thoughts and views, it is impossible to lead a dignified life as guaranteed under Article 21 of the Constitution.
The Supreme Court highlighted that in a democracy, differing views must be countered with counter-speech and not suppression. “Literature, including poetry, drama, films, stand-up comedy, satire, and art, makes life more meaningful.
Kunal Kamra Faces Multiple FIRs for His Standup Comedy
The court’s statement comes amid a massive political row over stand-up comedian Kunal Kamra’s comments against Maharashtra Deputy Chief Minister Eknath Shinde. Multiple FIRs have been filed against the comedian in Maharashtra. As such Kamra is seeking transit anticipatory bail at the Madras High Court.
BJP lawmakers and Shiv Sena members have warned him to apologize or face consequences for insulting the high-profile politician. However, Kunal Kamra has refused to apologize saying he does not regret making the statements. He said your inability to take a joke does not change his rights. Shinde said they understand satire but there should be a limit. “This is like taking ‘supari’ (contract) to speak against someone. Otherwise, action causes a reaction.”
