‘Satire makes life more meaningful’: SC on freedom of speech; quashes case against Congress MP

Amid row over comedian Kunal Kamra’s Eknath Shinde joke, Supreme Court on Friday said literature, including poetry, drama, films, satire, and art make life of human beings more meaningful and quashed an FIR lodged by Gujarat Police against Congress MP Imran Pratapgarhi in ‘provocative’ song case.

A bench of Justices Abhay S Oka and Ujjal Bhuyan emphasised that protecting citizens’ fundamental rights is the court’s duty, particularly when it comes to freedom of speech and expression.

While the observation of the Supreme Court was made during the hearing of Congress MP Imran Pratapgarhi’s case, it comes amid a massive controversy and debates over the lengths of freedom of speech over comedian Kunal Kamra’s satirical stand-up act on Maharashtra deputy chief minister Eknath Shinde.

“Even if a large number of persons dislike the views expressed by another, the right of person to express the views must be respected and protected. Literature, including poetry, drama, films, satire and art, make the life of human beings more meaningful,” the bench said.

Imran Pratapgarhi case

Pratapgarhi, the national chairman of Congress’ minority cell, had challenged the January 17 order of the Gujarat high court, which dismissed his petition seeking to quash the FIR. The Gujarat high court had ruled that the investigation was still at an early stage.

On January 3, Pratapgarhi was booked for allegedly sharing a provocative song in connection with a mass marriage function he attended in Jamnagar. The FIR included multiple sections, including Section 196 (promoting enmity between different groups based on religion, race, etc.) and Section 197 (imputations, assertions prejudicial to national integration) of the Bharatiya Nyaya Sanhita.

The 46-second video clip uploaded by Pratapgarhi on X showed him walking and waving his hands as flower petals rained down on him, with a song playing in the background. The FIR claimed the song’s lyrics were provocative, detrimental to national unity, and offensive to religious sentiments.

Kunal Kamra row

Comedian Kunal Kamra’s latest stand-up gig uploaded on YouTube and his Instagram handle angered Maharashtra deputy chief minister Eknath Shinde’s supporters, with them on Sunday vandalising the venue in Mumbai where the act was filmed along with a threat to not let him “walk freely”.

An FIR was filed against Kunal Kamra and Khar police in western Mumbai also detained Shiv Sena deputy leader Rahool Kanal and Vibhag Pramukh Shrikant Sarmalkar along with others for vandalising the Unicontinetal The Habitat in Khar West.

Kunal Kamra took a swipe at politics in Maharashtra and the election there, referring to the breakaway factions of Shiv Sena and Nationalist Congress Party (NCP), adding that “one guy” started the trend and using the term ‘gaddar’ (traitor) in describing the person.

“Jo inhone Maharashtra ke election me kia hai… bolna padega… pehle Shiv Sena BJP se bahar aa gayi fir Shiv Sena Shiv Sena se bahar aa gayi… NCP NCP se bahar aa gayi… ek voter ko 9 button dediye… sab confuse ho gaye…” [“What he did in Maharashtra’s election… I have to say… First, Shiv Sena broke away from BJP, then Shiv Sena broke away from Shiv Sena itself… NCP broke away from NCP… they gave nine buttons to a voter… and everyone got confused…],” Kunal Kamra said.

“Chalu ek jan ne kia tha… wo Mumbai me bohot badhiya ek district hai Thane waha se aate hain…”, Kunal Kamra added before starting to sing a song which appeared to be his spin on a number from the movie ‘Dil To Pagal Hai.