The Supreme Court while hearing a plea filed by journalist Abhishek Upadhyay on Friday said that criminal cases should not be slapped against journalists merely because their writings are perceived as criticism of the government. Abhishek Upadhyay had sought quashing of an FIR lodged against him in Uttar Pradesh for publishing a news report on the “caste dynamics of the general administration” in Uttar Pradesh.
A bench of Justices Hrishikesh Roy and SVN Bhatti said in a democratic country, the freedom to express one’s views is respected and the rights of journalists are protected under Article 19(1)(a) of the Constitution.
“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.
The Supreme Court, while issuing notice to the Uttar Pradesh government, seeking its response on the plea, said, “In the meantime, any coercive steps should not be taken against the petitioner in connection with the subject article.”
The bench noted that the petitioner is a journalist and he published an article with a “casteist tilt” on officers deployed in responsible positions in the state.
“The counsel for the petitioner would read the contents of the FIR to say that no offence can be said to be made out by the said FIR. Yet the petitioner is being targeted and since the story was posted on X, it might result in multiple other FIRs,” the bench noted in its order.
Abhishek’s plea alleged that FIR against him was a clear attempt to misuse the law enforcement machinery of the state to intimidate and silence his voice, and therefore it should be quashed to prevent any further harassment.
The plea, filed through advocate Anoop Prakash Awasthi, claimed that after his client did a story titled ‘Yadav Raj versus Thakur Raj,’ he was named in the FIR registered at Hazratganj police station in Lucknow on 20 September. The next hearing in this case will be held after four weeks.
