Journalist Moves Supreme Court Against UP Police FIR Over Report On Casteism, Says FIR Calls Yogi Adityanath 'Incarnation Of God'

Journalist Abhishek Upadhyay has moved the Supreme Court for quashing an FIR filed by the UP Police over a story exploring the caste dynamics in the Uttar Pradesh State Administration. 

In his plea, Upadhyay states that against his journalistic piece ''Yadav Raj versus Thakur Raj (or Singh Raj)' an FIR has been lodged against him under the offences punishable under Sections 353(2),197(1)(C), 302, 356(2) of BNS Act and Section 66 of the IT (amendment) Act, 2008. The petitioner states that he is  "also facing threats of legal action from official X handle of Uttar Pradesh Police in reply to his post to acting DGP and continuously getting threats of arrest and even encounter killing" 

In his plea, he seeks the quashing of the FIR filed and all such FIRs that may have been filed in relation to the incident at other places. 

The petitioner stated that his report became a topic of discussion after former Chief Minister and present Leader of Opposition Akhilesh Yadav hailed it in a post on 'X'. Following that, the petitioner started receiving threats online. Against such threats, he wrote an email to the UP Police Acting DGP and posted the same on his 'X' handle. The official handle of the UP Police replied to him on 'X' stating : “You are hereby cautioned and informed not to spread rumors or misinformation. Such unlawful activities, which lead to confusion and instability in society, could result in legal action being taken against you.”

In his coverage, the petitioner discusses the caste dynamics which influence the state's administration in detail. However, he states that his work was not well received by the State Authorities. He also adds that in the FIR, Chief Minister Yogi Adityanath has been addressed as God. 

"That the Petitioner by his story attempted to point out the dangers of caste bias in general administration of the state of Uttar Pradesh in various regimes and comparative discourses thereupon, however same has not gone well within the powerhouse of administration and a frivolous FIR has been filed against the Petitioner and prelude of which is quoted hereunder which compares the current Chief Minister of Uttar Pradesh as incarnation of GOD and hence immune from any critical analysis of the caste dynamics his general administration and portion of the FIR reads as follows : 

 “Honorable Yogi Adityanath Maharaj Ji is like an incarnation of god. The Indian territory among all the Chief Ministers of various states in India, none even one come close to Maharaj Ji in terms of popularity. Maharaj Ji has the highest number of followers on the social media platform X compared to any other Chief Minister in India. Since Maharaj Ji became Chief Minister, Uttar Pradesh has reached the top position in India concerning law and order. Uttar Pradesh has excelled in many fields at the national level under his leadership. Since he renounced worldly life, he no longer belongs to any caste; he is simply a sanyasi (monk). Maharaj Ji is the only Chief Minister who has visited all the divisional headquarters of Uttar Pradesh multiple times. Maharaj Ji holds the record for being the longest-serving Chief Minister of Uttar Pradesh in post-independent India, and many such records are in his name. There is no dispute about this. These achievements reflect Maharaj Ji's unique image. Since Maharaj Ji became Chief Minister, many traitors have been unable to digest the success. These traitors believe that Maharaj Ji's excellent work has earned him the people's love. Maharaj Ji is undoubtedly serving the country and the state's people tirelessly, 24 hours a day”.  

The petitioner submitted that the entire journalistic story done by the petitioner if taken on its face value, does not disclose any offence punishable under any provisions of law.

The reason for approaching the Supreme Court is threat of legal action by the official 'X' handle of UP Police, he said, adding that he is not aware as to how many other FIRs are filed against him on the issue in the State of Uttar Pradesh or anywhere else

The petition is filed through Anoop Prakash Awasthi AOR.

Case details : ABHISHEK UPADHYAY v. STATE OF UTTAR PRADESH