New Delhi, March 28 : In a strong rebuke to law enforcement authorities, the Supreme Court on Friday stated that merely reciting poetry, performing stand-up comedy, or presenting any form of art or entertainment cannot be grounds for accusing someone of inciting hatred or enmity between communities.
The bench of Justice Abhay S Oka and Justice Ujjal Bhuyan made the observation while quashing an FIR filed against Congress MP Imran Pratapgarhi. The court emphasized that literature, including poetry, plays, films, satire, and stage performances, has always enriched human life and played a significant role in democratic expression.
The court remarked that even after 75 years of independence, the Indian Republic should not appear so fragile that artistic expressions such as poetry or comedy could be construed as promoting communal hatred. The judges further noted that taking such a stance would stifle legitimate expressions in the public sphere, which are fundamental to a free society.
Referring to the conduct of law enforcement, the court observed that this case highlights a concerning reality — even decades after the Constitution came into effect, law enforcement agencies remain either unaware or indifferent to the importance of fundamental rights like freedom of expression.
The FIR against Pratapgarhi stemmed from his performance of a poem at a mass marriage event in Jamnagar on January 3, where he allegedly delivered inflammatory content. He had challenged a Gujarat High Court order dated January 17, which refused to quash the FIR, stating that the investigation was still at a preliminary stage.
Charges against the Congress leader, who also serves as the national president of the party’s minority cell, were filed under several provisions of the Bharatiya Nyaya Sanhita, India’s newly implemented criminal code.
