‘Provocative’ song case: ‘Right of person to express views must be respected’, says SC | India News


New Delhi: The Supreme Court on Friday, while annulled the signed registered against the MP of Congress Imran PratapgarhiHe stressed the importance of protecting freedom of expression and expression.
The Supreme Court was listening to a statement by the leader of the Imran Pratapgarhi Congress challenging a FIR for Gujarat police In a publication on social networks with a song “Ae Khoon Ke Pyase Baat Suno”.
The Bank of two judges of Judge Abhay Oka and Judge Ujjal Bhuyan, while pronouncing the trial, said that no crime is made against Pratapgarhi and ruled that the police must first pass and understand the meaning of the words written or spoken before presenting a FIR in such cases.
The Supreme Court said without Freedom of expression Of thoughts and points of view, it is impossible to lead a decent life guaranteed under article 21 of the Constitution. “In a healthy democracy, the views or thoughts expressed by an individual or group of individuals must be counteracted expressing another point of view. Even if a large number of people do not like the opinions expressed by another, the right of a person to express the views must be respected and protected. Literature, including poetry, dramas, movies, satire and art, makes the life of the life of human beings Significant, “said literature.
Justie Abhay Oka, while ruling the sentence, also said: “The courts are obliged to defend and enforce the fundamental rights guaranteed by the constitution of India. Sometimes, we, the judges, we cannot like the spoken or written words, but still our duty to maintain the fundamental rights by virtue of article 19 (1). The judges are also under an obligation of the Constitution and it is our respective duty.”
“The effect of spoken or written words cannot be judged on the basis of the standards of people who always have a sense of insecurity or those who always perceive criticism as a threat to their power or position,” Judge Oka observed more.
The leader of Congress questioned the order of the Superior Court of Gujarat, which dismissed his plea of ​​canceling the FIR, saying that the investigation was still in his early stages.
On January 3, Pratapgarhi was reserved by an alleged provocative song played during a mass marriage event that he attended in Jamnagar.
Pratapgarhi, who directs the minority cell of Congress, was accused in multiple sections, including section 196 (promoting enmity between different groups based on religion, race, etc.) and section 197 (which makes the statements harmful to national integration) of Bharatiya Nyaya Sanhita.
The FIR cited a video video of 46 seconds shared by Pratapgarhi in X, where it was seen being shower with flower petals while greeted the crowd, with a background song that was assumed that it was provocative, harmful to the national unity, and offensive to religious feelings.





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