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  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...

  Supreme Court Emphasizes Magistrates' Duty to Verify Complaints Before Issuing Summons By Advocate Abhishek Jat The Supreme Court of India, in a significant ruling, has reiterated that magistrates must diligently ascertain the veracity of complaints before initiating criminal proceedings against an accused. The judgment, delivered by a bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, emphasized that the act of recording the complainant’s statement under Section 200 of the Code of Criminal Procedure (CrPC) or its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 227, is not a mere formality but a crucial step in determining the truthfulness of the allegations. Context of the Case The case arose from a complaint under Section 138 of the Negotiable Instruments Act (NI Act), pertaining to cheque dishonor. The complainant, a cooperative society, alleged that the appellant had defaulted on a loan repayment, leading to the dishonor...