Can the police silence you for what you say?

The Supreme Court has sent a clear message:
Freedom of speech is not a favour — it is a Fundamental Right

Duty of Police to Uphold Freedom of Speech: Supreme Court Clarifies in Imran Pratapgadhi v. State of Gujarat (2026)Article 19(1)(a) and Articles 12, 21, 51-A(a), 32 and 226

Fundamental right to freedom of speech and expression— Duty of police to honour and uphold such right, The Supreme Court, in Imran Pratapgadhi v. State of Gujarat, has reiterated a crucial constitutional principle:
law enforcement authorities are under a positive obligation to protect and uphold the fundamental right to freedom of speech and expression. The ruling underscores that police discretion under Section 173 (3) is not a license for inaction but a constitutional duty to scrutinise allegations rigorously. By requiring higher police authorities to authorise preliminary inquiries, the judgment institutionalizes accountability, preventing FIRs from becoming tools of harassment. 

The Supreme Court’s judgment in Imran Pratapgarhi v. State of Gujarat marks a transformative moment in the jurisprudence of free speech and police powers, recalibrating the balance between constitutional rights and procedural obligations. By mandating preliminary inquiries under Section 173 (3) of the BNS for allegations implicating Article 19 (2) restrictions, the Court has introduced a safeguard against precipitate criminalization of speech

Case Comment

This decision strengthens:

• Protection against arbitrary police action
• The doctrine of constitutional accountability
• Judicial oversight under Articles 32 and 226
• The culture of free expression in a constitutional democracy

Freedom of speech is often tested in politically or socially sensitive contexts. The judgment reaffirms that constitutional guarantees cannot be diluted by administrative convenience.

For citizens, It reinforces that constitutional remedies remain available where free speech is unlawfully curtailed.

For authorities, it underscores the duty to exercise restraint and constitutional discipline.

And for legal practitioners and institutions, It clarifies the continuing relevance of judicial review in protecting civil liberties.

Constitutional Provisions Involved

• Article 19(1)(a) – Freedom of Speech and Expression
• Article 21 – Protection of Life and Personal Liberty
• Article 12 – Definition of “State”
• Article 32 – Constitutional Remedies before Supreme Court
• Article 226 – Writ Jurisdiction of High Courts
• Article 51-A(a) – Fundamental Duty to respect the Constitutio

 #legalcousel #legalawareness #legaladvice #sec173 #BNSS

 #freedomofspeech  #FIR #preliminaryinquiry #arbitrary #powersofpolice

When Should You Approach a Lawyer?

1. When you Receive a Police Notice or Summons
2. An FIR Is Registered Against You
3. You Face Threat of Arrest
4. Your Event, Speech, or Publication Is Restricted
5. You Believe Your Speech Has Been Unlawfully Curtailed

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