Imran Pratapgadhi v. State of Gujarat: Supreme Court Quashes FIR, Upholds Freedom of Expression
The Supreme Court quashed an FIR against a Rajya Sabha MP for reciting a poem, holding that poetry promoting sacrifice and non-violence cannot attract criminal offences under BNS.
Adv. Vikram Joshi
Senior Partner, Criminal Law
Introduction
In Imran Pratapgadhi v. State of Gujarat (2025 INSC 410), the Supreme Court delivered a powerful judgment protecting freedom of expression by quashing an FIR registered against a Rajya Sabha member for posting a video of a poem on social media.
Background
The appellant, a Member of Rajya Sabha, posted a video clip from a mass marriage ceremony featuring a poem in Urdu that metaphorically spoke of facing injustice with love and sacrificing for truth. An FIR was registered alleging the poem incited enmity between communities.
The Court's Reasoning
Justice Abhay S. Oka held that:
- The poem "has nothing to do with any religion, community, region or race"
- It neither affects national integration nor jeopardizes sovereignty
- The poem "preaches non-violence" and encourages meeting injustice with love
- Registration of the FIR was a "mechanical exercise without application of mind"
On Freedom of Expression
The Court eloquently reaffirmed that free expression is "an integral part of a healthy, civilised society" and is indispensable to a dignified life under Article 21. Courts must protect constitutional rights even if speech is unpopular.
Guidelines for Police
The judgment emphasized that where allegations concern speech potentially attracting Article 19(2) exceptions, police must exercise particular care and undertake preliminary inquiry under Section 173(3) BNSS.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. The information contained herein may not be applicable to all situations and may not reflect the most current legal developments. Please consult with a qualified attorney for specific legal advice regarding your situation.
