SC Junks FIR Against Cong MP; Sets New Free Speech Safeguard

The Supreme Court on Friday mandated that police officers should conduct a preliminary inquiry before registering an FIR in cases involving "spoken or written words", establishing a robust legal precedent that will likely impact future cases involving free speech in India by introducing a critical layer of immunity.

- Utkarsh Anand

NEW DELHI:

A bench of Justices Abhay S Oka and Ujjal Bhuyan remained emphatic that police officials are "bound to honour and uphold freedom of speech and expression conferred on all citizens" and that direct registration of FIRs in cases involving speech, drama, satires, stand-up comedy acts, poems or artworks has the propensity of stifling the fundamental right. The ruling is a part of the judgment that quashed an FIR against Congress parliamentarian Imran Pratapgarhi.

The judgment also reaffirmed that "free expression of thoughts and views by individuals or groups of individuals is an integral part of a civilised society", stating that the right to express thoughts, even if they are unpopular or challenge dominant narratives, must be "protected, respected, and cherished".

"75 years into our republic, we cannot be seen to be so shaky on our fundamentals that mere recital of a poem or for that matter, any form of art or entertainment, such as, stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities. Subscribing to such a view would stifle all legitimate expressions of view in the public domain which is so fundamental to a free society," held the bench.

At the heart of the ruling is the court's interpretation of Section 173(3) of BNSS, which introduced a critical procedural safeguard. The provision allows for a preliminary inquiry when the alleged offence carries a punishment of three years or more but less than seven years. The court clarified in cases where alleged offence is based on spoken or written words, it is essential to ascertain whether a prima facie case exists before FIR is lodged.