The apex court grants interim protection to journalist Abhishek Upadhyay in connection with his article on the caste dynamics in the Uttar Pradesh state administration
Team Clarion
NEW DELHI – Merely because the writings of a journalist are perceived as criticism of the government, criminal cases should not be slapped against the writer, the Supreme Court observed on Friday.
Granting interim protection to journalist Abhishek Upadhyay, the apex court directed 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, a Livelaw.in report said.
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.
An FIR was lodged against Upadhyay for writing his journalistic piece ”Yadav Raj versus Thakur Raj (or Singh Raj).” The FIR includes 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 sought quashing of the FIR registered by UP police, as well as other FIRs that may have been filed at other places.
The petitioner stated that his piece became a topic of discussion after former chief minister 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 rumours 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 pointed out that in the FIR registered against him, Chief Minister Yogi Adityanath had been addressed as god.