The Supreme Court has quashed an FIR against Congress Rajya Sabha MP Imran Pratapgarhi over a poem posted on Instagram, reinforcing its stance on protecting freedom of speech. The top court stated that courts must lead in safeguarding the right to free expression and observed that mere discomfort or disagreement cannot be grounds for curbing speech.

A bench of Justices Abhay S Oka and Ujjal Bhuyan ruled that no offence was made out in the case, criticising the Gujarat Police for its prompt action against the parliamentarian. The FIR was registered in Jamnagar on January 3 by a clerk working for an advocate, who alleged that the poem “Ae khoon ke pyase baat suno” disturbed social harmony.

The court stressed that Article 19(2) of the Constitution, which allows reasonable restrictions on free speech, should not overshadow the fundamental rights guaranteed under Article 19(1). “Restrictions must be reasonable, not fanciful,” the bench noted.

Highlighting the significance of creative expression, the court said, “Literature, including poetry, drama, films, stand-up comedy, satire, and art, makes life more meaningful.” It further remarked that in a democratic society, differing opinions must be addressed with counter-speech rather than suppression.

This verdict comes amid a broader debate over artistic freedom, just days after stand-up comedian Kunal Kamra faced FIRs and public outrage for remarks about Maharashtra Deputy Chief Minister Eknath Shinde during a performance in Mumbai.

In his defence, Congress MP claimed the poem was penned by celebrated poets Faiz Ahmed Faiz or Habib Jalib, submitting AI-generated screenshots to support his claim. The prosecution, however, argued that as a lawmaker, he should have acted more responsibly.

The Gujarat High Court had earlier refused to quash the FIR, but the Supreme Court overruled that decision, sending a strong message on the primacy of free speech in a democratic framework.

Comedian Kunal Kamra is facing escalating backlash from Maharashtra’s political leadership, with state minister Shambhuraj Desai on Thursday issuing a stern warning, saying Kamra will soon receive the “prasad of Shiv Sena” for his repeated satire targeting prominent leaders including Eknath Shinde, Nirmala Sitharaman, and Prime Minister Narendra Modi.

Desai’s comments came in response to Kamra reposting parody videos from his show in Mumbai, where he mockingly referred to Deputy Chief Minister Eknath Shinde as a “traitor” — a jab at Shinde’s 2022 rebellion against Uddhav Thackeray, which split the Shiv Sena.

“Patience is running out,” warns Desai

In a sharp statement, Desai accused Kamra of “crossing all limits” and claimed the comic was deliberately insulting senior political figures. He said, “Wherever he’s hiding, we will drag him out. Now it’s time to give him ‘prasad’.” Desai also pointed to the earlier attack on Kamra’s studio in Mumbai’s Khar area by Shiv Sena workers, saying their anger was already evident.

“We are ministers and MLAs, but first we are Shiv Sainiks. Our patience is running out,” Desai added, calling Kamra’s parodies provocative and intentional.

References to police action and third-degree treatment

Desai went a step further by invoking police action, suggesting Kamra may face more than just legal consequences. “Police give ‘prasad’ to accused using tyres. It’s time to give the same to Kamra,” he said, referencing a controversial method often associated with custodial abuse, sparking concerns over the tone of the warning.

The minister also said that Chief Minister Eknath Shinde has assured action against Kamra under the law and challenged the comic to face the Shiv Sena openly.

Kamra’s videos at the center of controversy

Kamra recently reposted clips from his show at The Habitat in Mumbai. One of the parody songs, based on Hum Honge Kamyaab, featured visuals of the post-show studio vandalism, allegedly carried out by Shinde supporters. In another clip uploaded Wednesday, Kamra spoofed Finance Minister Nirmala Sitharaman using Hawa Hawai from Mr. India.

The controversy, which began with political satire, has now turned into a high-tension standoff between the comedian and Maharashtra’s ruling leaders.

Shiv Sena chief Uddhav Thackeray on Thursday lashed out at the Maharashtra government, questioning why stand-up comedian Kunal Kamra was summoned for allegedly mocking Deputy CM Eknath Shinde, while actor Rahul Solapurkar faced no action for his controversial remarks about Chhatrapati Shivaji Maharaj.

Kamra was recently issued two summons by the Mumbai Police after a parody song in his show, perceived as a dig at Shinde, sparked outrage. The comedian’s parody video led to Shinde supporters storming the recording studio. Calling it a selective action, Thackeray said “He didn’t even name Shinde, yet Kamra is being targeted,” said Thackeray. He also accused the Maharashtra government for shielding Eknath Shinde while ignoring more serious issues.

Kamra vs Solapurkar: Thackeray questions double standards

Thackeray contrasted the swift action against Kamra with the lack of any summons for Rahul Solapurkar, who claimed in a podcast that Shivaji Maharaj escaped from Agra Fort by bribing Mughal officials—an assertion that triggered backlash from some right-wing groups. “Has even one summons been sent to Solapurkar?” Thackeray asked, calling out what he sees as biased governance.

He further questioned Chief Minister Devendra Fadnavis’s support for Shinde, stating, “The CM is protecting the man Kamra didn’t even name. What right do you have to take action against him?”

BJP’s ‘Saugat-e-Modi’ campaign branded as political gimmick

Thackeray also took aim at the BJP’s Eid outreach campaign, calling the ‘Saugat-e-Modi’ kits distributed to Muslim households nothing more than a ploy for votes. “This is not a gift from Modi but a gift of power—‘Saugat-e-Satta’,” he said. Thackeray also accused the BJP of long using anti-Muslim sentiment and now reversing course for electoral gains. “They should clarify whether they want to feed Muslims or poison them,” he said.

Sharp criticism of handling of past incidents

Speaking at press conference, Thackeray also questioned the state government’s inaction in several incidents like Pune Porsche crash case, saying sarcastically, “He’ll probably be asked to write a 300-word essay.” He also raised questions about the unresolved case of a student’s death in a police encounter in Badlapur and criticised the lack of progress on the Shivaji Maharaj memorial project in the Arabian Sea.