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ABHAY S. OKA, UJJAL BHUYAN
Imran Pratapgadhi – Appellant
Versus
State of Gujarat – Respondent
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JUDGMENT :
ABHAY S. OKA, J.
FACTUAL ASPECT
1. On 26th January 2025, our Constitution became 75 years old. One of the most important fundamental rights conferred on the citizens of India is under Article 19 (1)(a) of the Constitution. It is the fundamental right of freedom of speech and expression. This case shows that even after 75 years of the existence of our Constitution, the law enforcement machinery of the State is either ignorant about this important fundamental right or does not care for this fundamental right.
2. The issue in this appeal revolves around a poem recited in the background of a video clip. The video clip was posted on social media by the appellant. The text of the poem has been reproduced in paragraph 13 of the impugned judgment, which reads thus:
3. The appellant is a Member of the Rajya Sabha. The 2nd respondent is the first informant at whose instance a First Information Report (for short ‘FIR’) was registered with Jamnagar Police Station for the offences punishable under Sections 196, 197(1), 302, 299, 57 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). In the complaint of the 2nd respondent, he stated that on 29th December 2024, on the occ
(1) Hurting religious and social sentiments of one community – Acceptance of freedom to express a view which may not accord with mainstream are cardinal values – A society wedded to rule of law canno....
The court emphasized the need to protect freedom of speech under Article 19(1)(a) and determined the FIR lacked basis for criminal charges under Sections 353(2) and 505(2).
The FIR lacks necessary ingredients for offences under Section 196(1)(a) of the Bharatiya Nyaya Sanhita, justifying its quashing due to vagueness.
The court established that mere expressions of political support do not constitute an offence under Section 153A IPC unless they promote enmity between distinct groups.
Every citizen has right to offer criticism for every decision of State – He has right to say he is unhappy with any decision of State – Every citizen of India has a right to be critical of action of ....
(1) Quashing Petition – In glaring cases of deprivation of liberty, Apex Court has entertained petitions under Article 32 of Constitution. (2) Sedition – A citizen has right to say or write whatever ....
FIR quashed - Through Facebook ID, posted objectionable material - Religious sentiments - Petitioner has shared post of other person, even, contents of FIR does not, prima facie, establish alleged of....
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