Judicial Duty to Safeguard Freedom of Expression Regardless of Content: Supreme Court's Stance
Judicial Duty to Safeguard Freedom of Expression Regardless of Content: Supreme Court's Stance Author: Abhishek Jat, Advocate Introduction In a seminal judgment delivered on March 28, 2025, the Supreme Court of India in Imran Pratapgadhi v. State of Gujarat (2025 INSC 410) reinforced the inviolability of freedom of speech and expression under Article 19(1)(a) of the Constitution. The case arose from the criminal prosecution of a Member of Parliament for reciting a poem deemed inflammatory by the Gujarat Police. The Court’s ruling not only quashed the FIR but also laid down critical principles to prevent the misuse of penal laws to suppress dissent, emphasizing the judiciary’s role as the ultimate protector of constitutional rights. Factual Background and Procedural History The appellant, Imran Pratapgadhi, a Rajya Sabha MP, attended a public event where he recited a poem advocating non-violent resistance to injustice. The poem, which contained lines like...