NEW DELHI: The Supreme Court on Thursday said artistic freedom of expression could not be misused to use abusive language against historical figures like Mahatma Gandhi and Subhash Chandra Bose. The court said it was no offence to criticize, lampoon and make parodies of the country’s iconic figures but freedom of expression could not be stretched to allow a person to demean them by using obscene language, which was an offence under Section 292 of Indian Penal Code providing for a maximum jail term of two years.“You cannot use abusive words for historical figures under the garb of artistic freedom. There is a complete freedom for ideas but the freedom of speech and expression is not absolute. The Constitution provides restrictions and it is a regulated freedom,” a bench of Justices Dipak Misra and Prafulla C Pant said.The court was hearing a petition filed by a publisher seeking quashing of criminal proceedings against him for publishing a poem on Mahatma Gandhi in 1984. Marathi poet Vasant Dattatray Gurjar’s ‘Gandhi Mala Bhetla Hota’ (I met Gandhi) depicts the Mahatma as the narrator, who uses obscene language in the poem.The bench had no disagreement with the view that boundaries of freedom of speech had been expanding with time but still could not find the artistic portrayal of Gandhi using abusive words compatible with Article 19(1) of the Constitution guaranteeing free speech.“Had it be an ordinary ‘Gandhi’ it would not have been a problem, but using Mohandas Karamchand Gandhi is objectionable. Mahatma is not a mythical or imaginary character who can be abused. This work would not come under artistic freedom and would attract provisions of Section 292,” the bench said.The publisher’s counsel Gopal Subramaniam argued that the Constitution lays down impersonal proposition and the law could not be applied differently, depending on the persona of a historical or iconic figure.“Veneration is a personal matter. Constitution does not talk about veneration of historical figures. Time is changing and what was earlier considered abusive has become idiomatic in society. Society should be tolerant,” he said.The bench said it respected artistic freedom but “what troubles us is the attribution of abusive words to Mahatma Gandhi in the name of artistic freedom”.“You can write satire on Gandhi, lampoon him or criticize him but if you put abusive words in his mouth, then it is not permissible,” it said.“Is it not a collective responsibility of society to protect the name of Gandhi and other figures like Sardar Patel, Subhash Chandra Bose , Vivekananda?” it asked.Amicus curiae Fali S Nariman said using the name of historical figures by way of illusion was permissible but an artist must be prosecuted if obscene language was used for them. However, he suggested quashing of the charges against the publisher, who had apologized way back in 1994 even prior to filing of the complaint against him.The court reserved verdict and said it would pass a detailed order on the “very important” issue.