New Delhi, Mar 28 (Reporter) In a significant ruling reinforcing free speech, the Supreme Court on Friday criticised the Gujarat Police for registering a First Information Report (FIR) against Congress MP Imran Pratapgarhi over a poem he uploaded on social media. A Bench comprising Justice AS Oka and Justice Ujjal Bhuyan quashed the FIR, emphasizing that the fundamental right to freedom of speech and expression outweighs permissible restrictions. The Court asserted that the offence of promoting enmity between religious groups under Section 196 of the Bharatiya Nyaya Sanhita (BNS) cannot be determined based on the sensibilities of individuals who take offence at every criticism. "Police officers, as citizens, are bound to uphold constitutional rights. When assessing an offence under Section 196 of BNS, it cannot be judged by the standards of weak minds or those who perceive every critique as an attack. It must be evaluated through the perspective of courageous minds. We have held that when an offence is alleged based on spoken or written words, Section 173(3) of the BNSS must be invoked to safeguard fundamental rights," the Court ruled. The Bench reiterated that constitutional courts must play a pivotal role in protecting constitutional rights, emphasizing that free speech is among the most cherished liberties. It further observed that allegations of promoting enmity between groups must not be assessed based on hypersensitive interpretations. The Supreme Court had previously reserved its judgment on Pratapgarhi’s plea to quash the FIR. During the hearings, the Bench noted that the poem in question was neither anti-religious nor anti-national and called upon law enforcement officials to exhibit greater sensitivity and understanding of free speech principles. Pratapgarhi was booked by the Gujarat Police following a complaint from an advocate’s clerk, who alleged that the MP had shared a video on social media featuring the poem—“Ae khoon ke pyase baat suno…”—playing in the background. The Gujarat Police had invoked Sections 197 (imputations prejudicial to national integration), 299 (deliberate acts intended to outrage religious feelings), and 302 (uttering words to wound religious sentiments) of the Bharatiya Nyaya Sanhita (BNS). On January 17, the Gujarat High Court declined to quash the FIR, prompting Pratapgarhi to approach the Supreme Court, which ultimately ruled in his favor, reinforcing the paramount importance of free speech in a democratic society...////...