Dr. Mahendra Dubey
The Supreme Court of India recently criticized the Gujarat Police for registering an FIR against Congress MP Imran Pratapgarhi over his social media post featuring the poem “ae khoon ke pyase baat suno.” The apex court questioned the rationale behind the case and indicated that it would likely quash the proceedings. The court emphasized that the Constitution has upheld freedom of speech for 75 years, and the police should by now understand what freedom of speech and expression entails.
Pratapgarhi was booked on January 3, 2024, under sections related to promoting enmity and harming national integration after posting a video of a mass marriage event in Gujarat’s Jamnagar. The video, featuring him being showered with flower petals while the poem played in the background, was deemed “provocative” by the complainant. However, during earlier hearings, the Supreme Court dismissed these concerns, stating that the poem does not target any religion and conveys a message of non-violence. The bench also criticized the Gujarat High Court’s decision to deny Pratapgarhi’s plea to quash the FIR, urging the state’s counsel to apply their minds to the poem and recognize the importance of creativity.
This incident highlights a broader issue within the Indian democratic system, where the misuse of agencies by political parties has been a long-standing concern. The saffron party, in particular, has faced accusations of using law enforcement agencies to target political opponents. This is not the first case where the Supreme Court has intervened to protect individuals from politically motivated charges. During the Shaheen Bagh movement, several individuals were arrested on charges of sedition, only to be later bailed out by the apex court. These instances suggest that the Supreme Court is well aware of the misuse of power and the need to uphold democratic values.
The democratic system in India is built on the principles of freedom of speech and expression, as enshrined in Article 19(1)(a) of the Constitution. This fundamental right allows citizens to express their views and opinions freely, without fear of retribution. However, the recent actions of the Gujarat Police and the subsequent intervention by the Supreme Court raise questions about the state of democracy in the country. The opposition has the right to express dissent and criticize the government, but incidents like these force us to question whether democracy is under threat.
Rahul Gandhi’s Bharat Jodo Yatra, with its slogan “Save the Constitution,” underscores the growing concerns about the erosion of democratic values in India. The need for the Supreme Court to intervene in matters of free speech and expression indicates that those in power may not fully understand or respect the principles of democracy. This raises the question of whether politicians should undergo training to better understand democratic values and their responsibilities as public servants.
The Supreme Court’s criticism of the Gujarat Police and its likely decision to quash the FIR against Pratapgarhi is a reminder of the importance of judicial oversight in maintaining the balance of power. The judiciary plays a crucial role in safeguarding the rights of citizens and ensuring that the executive and legislative branches do not overstep their bounds. In a democracy, it is essential that all branches of government work together to uphold the rule of law and protect individual freedoms.
The misuse of power by political parties and the targeting of opposition leaders undermine the democratic process and erode public trust in institutions. It is imperative that law enforcement agencies act impartially and uphold the principles of justice and fairness. The Supreme Court’s intervention in this case serves as a check on the abuse of power and reinforces the importance of protecting freedom of speech and expression.
At the end of the day , the Supreme Court’s criticism of the Gujarat Police for registering an FIR against Congress MP Imran Pratapgarhi highlights the ongoing challenges to democratic values in India. The misuse of agencies by political parties and the targeting of opposition leaders raise concerns about the state of democracy in the country. The judiciary’s role in safeguarding individual rights and maintaining the balance of power is crucial in ensuring that democratic principles are upheld. As India continues to navigate its democratic journey, it is essential that all branches of government work together to protect the rights and freedoms of its citizens.
(Author, a Ph. D. In Social Medicine and Community Health from JNU, is a lawyer and social-political commentator)
