The Supreme Court on Friday observed that criminal cases should not be slapped against journalists merely because their writings have been perceived as government criticism.
The bench was hearing a plea filed by journalist Abhishek Upadhyay, who has sought quashing of an FIR lodged against him in Uttar Pradesh for allegedly publishing a news report on the “caste dynamics of the general administration” in the state.
As per the report by The Hindu, Abhishek Upadhyay, represented by advocate Anoop Prakash Awasthi, said the article saw the Uttar Pradesh Police register a “frivolous” FIR against him under various provisions of the Bharatiya Nyaya Samhita and Section 66 (computer-related offenses) of the Information Technology Act.
The journalist, in his petition, said the very prelude of the FIR “compares the current Chief Minister of Uttar Pradesh as incarnation of God and hence immune from any critical analysis of the caste dynamics in his general administration”.
The petition said a “journalist’s duty is to serve the truth, to hold power accountable, and to inform the public without fear or favour”.
Awasthi read the contents of the FIR in court to argue that no offence could be said to be made out. He apprehended that since the story was posted on X (earlier Twitter), it might result in multiple other FIRs.
Mr. Upadhyay said, besides lodging of the current FIR, he had also received threats of legal action from the official X handle of the Uttar Pradesh Police in reply to his post to acting Director General of Police and continuously getting threats of arrest and even encounter killing.
“Freedom of speech is the most precious right given in our Constitution for a healthy and participatory democracy,” the petition said.
“Merely because writings of a journalist are perceived as criticism of the government, criminal cases should not be slapped against the writer,” the bench said.
A bench of Justices Hrishikesh Roy and SVN Bhatti said in democratic nations, the freedom to express one’s views is respected and the rights of journalists are protected under Article 19(1)(a) of the Constitution.
While issuing a notice to the Uttar Pradesh government seeking its response on the plea, it said, “In the meantime, coercive steps should not be taken against the petitioner in connection with the subject article.” The court posted the matter for hearing after four weeks.
