New Delhi: On October 4, the Supreme Court granted interim protection to UP-based journalist Abhishek Upadhyay, and said that criminal cases cannot be filed against journalists just because their article criticised the government, as per a report by LiveLaw.
In September, Pankaj Kumar – who claimed to be a freelance journalist – had filed an FIR against Upadhyay at Lucknow’s Hazratganj police station for writing a news story about the Uttar Pradesh state government favouring people from a certain caste for administrative posts, the Indian Express reported.
According to a report by Hindustan Times, the FIR charged Upadhyay with hate speech (Section 353), statements prejudicial to integrity of the country (Section 197(1)(c)), hurting religious sentiments (Section 302), and defamation (Section 356) of the Bharatiya Nyay Sanhita (BNS) and section 66 of the Information Technology Act.
In his complaint, Kumar had accused Upadhyay and another journalist of posting “false, baseless and misleading information” on their handles on the social media platform X, formerly Twitter, “by entering into a conspiracy and criminal mentality with intention to tarnish image of Maharaj Ji [UP Chief Minister Yogi Adityanath] and disturbing harmony, promoting enmity among public and causing adverse affect on national integrity”.
The official handle of the UP Police had also replied to Upadhyay on X: “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.”
After the FIR against him, Upadhyay had approached the Supreme Court for protection from arrest. Advocate Anoop Prakash who appeared for Upadhyay on October 4 at the apex court said that ever since the article titled “Yadav Raj versus Thakur Raj” was posted on X, Upadhyay had been subjected to threats and abuses, Hindustan Times reported.
The Supreme Court bench said that just because a journalist’s writings are “perceived” as criticism of the government, criminal cases cannot be filed against the writer.
“In democratic nations, freedom to express one’s views are respected,” the Supreme Court Bench noted in its order. “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.”
In its order dated October 4, the Supreme Court also granted interim protection to 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. The top court also issued notice to the state of Uttar Pradesh, seeking that it respond in four weeks.
The case will now be heard on November 5.
