Criminal cases should not be filed against journalists merely because their writings are perceived as criticism of the government, the Supreme 🥃Court said on Friday.
A bench of Justices Hrishikesh Roy and S.V.N. Bhatti said that in democratic na൲tions, the freedom to express one's views is respected, and journalists' rights are protected under Article 19(1)(a) of the Constitution.
The bench was hearing a plea filed by journalist Abhishek Upadhyay, who sought the quashing of an FIR lodged against him in Uttar Pradesh🥃 for ꦐpublishing a news report on the "caste dynamics of the general administration" in the state.
"Merely because the writings of a journalist are perceived as criticism of the government, criminal cases should not be filed against the wr🐟iter," the bench said.
While issuing a notice to the Uttar Pradesh government seeking its response on the pl🤡ea, it said, "In th🍷e meantime, coercive steps should not be taken against the petitioner in connection with the subject article."
The bench noted in its order that the peti🍸tioner is a journalist who published an article with a "casteist tilt" on officers in responsible positions in the state.
It further noted that following the🌊 article, an FIR was registered against hi🔴m.
"Th🔴e counsel for the petitioner would read the contents of the FIR to argue 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 (formerly Twitte😼r), it might result in multiple other FIRs," the bench noted in its order.
The top court posted the matter for heariღng after four weeks.
In his plea, Upadhyay alleged that the registration of the FIR against him was a clear attempt to "misuse" the law enforcement machinery of the state to "silence his voice" and that it should be quashed to pre🉐vent any further harassment.
The plea, filed through advocate Anoop Prakash Awasthi, claimed that after his client published a story tit♔led "Yadav Raj versus Thakur Raj," he was named in the FIR registered at Hazratganj police station in Lucknow on September 20.
It said the FIR was filed under Bharatiya Nyaya Sanhita (BNS) sections 353(2) (statements condu𓄧cive to public mischief), 197(1)(C) (publishing imputations or assertions prejudicial to national integration), 356(2) (punishment for defamation), and 302 (uttering words, etc., with deliberate intention to wound religious feelings of a person), along with provisions of the Information Technology (IT) Act.
The plea argued that the sto🉐ry, even when taken at face v🍬alue, did not disclose the commission of any offence.
"The reason for approaching this court is the threat of legal𝔍 action by the official X handle of the UP Po🌳lice, and the petitioner is not aware of how many other FIRs may be filed against him on this issue in Uttar Pradesh or elsewhere," it said.
