[ad_1] New Delhi: The Supreme Court of the country has made important remarks regarding freedom of expression. The Supreme Court on Friday said that freedom of expression is an integral part of healthy and civilized society, without which it is impossible to live a respectable life. The court said that the right to expression of citizens cannot be crushed on trivial and imaginary grounds. The apex court dismissed the criminal proceedings started by the Gujarat Police in the case of posting a 'Ai Khoon Ke Batha Listen' poem on social media against Congress MP Imran Pratapgarhi.FIR should not be blindly recorded: SCA bench of Justice Abhay S Oka and Justice Ujjwal Bhuiyan said that the FIR should not be blindly recorded. Initial investigation should be done to find out whether a case is made under sections 196 and 197 (1) under BNS prima facie. During the hearing of the case, the Supreme Court also said that freedom of expression is an integral part of democracy, judges should protect it, even if they do not like the expresses expressed.'Our obligation to protect fundamental rights'The Supreme Court said, 'There is no crime in this case. The effect of oral or written words cannot be assessed based on the standards of those who always consider criticism to be a threat to their power or position. Sometimes we do not like any written or oral views to the judges, but our responsibility is to protect fundamental rights. 'Supreme courtOn the duties of police machinery, the Supreme Court said that police officers should follow the constitution. They are also citizens, so they are obliged to protect the fundamental rights of citizens. During the hearing, the Supreme Court questioned the Gujarat Police's decision to register an FIR. The court said that even after 75 years of our Republic, we cannot look so weak on our basic principles that only a poem or any kind of art or entertainment like stand-up comedy can be accused of creating enmity or hatred among different communities.The Supreme Court said that when accused of crime under Section 196 of BNS (punishing enmity or punishing speech), the impact of spoken or written words will have to be considered on the basis of the standards of proper, firm, firm and courageous persons. Not those people who always have a sense of insecurity or who consider criticism to be a threat to their power or position.Without independent expression ... Supreme Court bluntThe Supreme Court said that the freedom of expression provided under Article 19 (1) of the Constitution is the most important right of citizens and it is necessary to maintain it. The responsibility of the courts is to protect this right, even if the ideas expressed to them are disagreeing personally. Independent expression of ideas by individuals or groups is an integral part of a healthy society. It is not possible to imagine the dignified life without independent expression, which is preserved under Article 21 of the Constitution.The case reached Supreme Court after High CourtThe apex court further said that even if many people disagree with an idea, the person's right to express his/her views should be respected and preserved. It is the duty of the courts to protect the fundamental rights provided in the Constitution, even if the judges themselves disagree with any idea. Sometimes we do not like any written or oral views to the judges, but our responsibility is to protect fundamental rights.Know the whole matter related to Imran PratapgarhiThe FIR on Imran Pratapgarhi was registered under sections 196, 197, 299, 302 and 57 of the Indian Justice Code, 2023 in Jamnagar, Gujarat. Based on religion, race, birthplace, language etc., it was accused of promoting enmity among various groups and damaging harmony. The Gujarat High Court refused to cancel the FIR on 17 January 2025.The court had said that the word 'throne' was mentioned in the poem and the reactions to the post indicated to deteriorate social harmony. However, this decision of the High Court was challenged in the Supreme Court by Pratapgarhi. Now the apex court ordered the cancellation of the FIR. [ad_2]
