IMRAN PRATAPGADHI VS. STATE OF GUJARAT AND ORS.

The case of Imran Pratapgadhi v. State of Gujarat and Others (2025) is an important judgment on freedom of speech and the misuse of criminal law in cases involving artistic and political expression. The case arose from a public event in Jamnagar where Imran Pratapgadhi recited a poem, later posted on social media. A complaint was filed alleging that the poem promoted hatred, hurt religious feelings, and threatened national unity. Based on this, an FIR was registered under various provisions of the Bharatiya Nyaya Sanhita, 2023. Imran challenged the FIR, arguing that the poem was symbolic, political, and non-violent in nature, and that registering a criminal case violated his right to freedom of speech under Article 19(1)(a) of the Constitution. The High Court refused to interfere at the investigation stage, following which the matter reached the Supreme Court. The Supreme Court carefully examined the contents of the poem and the applicability of Sections 196, 197, 299, 302, and 57 of the BNS. It held that the poem did not refer to any religion or community, did not promote hatred or violence, and was merely a form of political criticism. Therefore, none of the alleged offences were made out. The Court also examined the police’s duty under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It held that while police must register an FIR when a clear cognizable offence is disclosed, Section 173(3) allows a preliminary inquiry in cases punishable with three to seven years, especially where free speech is involved. The police failed to use this safeguard, resulting in an improper FIR. By quashing the FIR, the Supreme Court reaffirmed the constitutional protection of free speech, warned against the chilling effect of vague criminal charges, and emphasized the need to balance state power with individual liberty.