'Criminal Cases Can't Be Slapped Against Journalist For Criticising Govt' : Supreme Court Grants Interim Protection To UP Journalist

The Supreme Court today granted interim protection to journalist Abhishek Upadhyay, directing that no coercive steps shall be taken against him in connection with his article on the caste dynamics in the Uttar Pradesh State Administration.

A bench of Justices Hrishikesh Roy and SVN Bhatti was dealing with Upadhyay's petition seeking the quashing of an FIR registered against him by the UP police, over his journalistic piece. Issuing notice to the State of Uttar Pradesh, the bench posted the matter on November 5.

In its brief order, the bench made certain pertinent observations regarding journalistic freedom.

"In democratic nations, freedom to express one's views are respected. The rights of the journalists are protected under Article 19(1)(a) of the Constitution of India. Merely because writings of a journalist are perceived as criticism of the Government, criminal cases should not be slapped against the writer," the Court observed in the order.

Briefly stated, Upadhyay did a journalistic piece ''Yadav Raj versus Thakur Raj (or Singh Raj)" and pursuant to the same, an FIR was lodged against him for offences punishable under Sections 353(2),197(1)(C), 302, 356(2) of BNS Act and Section 66 of the IT (Amendment) Act, 2008.

Through his plea, Upadhyay seeks quashing of the FIR registered by UP police, as well as other FIRs that may have been filed in relation to the incident at other places.

The petitioner states that his piece 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, he 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.”

The petitioner further points out that in the FIR registered against him, CM Adityanath had been addressed as God. 

For more details about the petition, filed through AoR Anoop Prakash Awasthi, click here.

Case Title: ABHISHEK UPADHYAY Versus THE STATE OF UTTAR PRADESH AND ANR., W.P.(Crl.) No. 402/2024

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