'Journalists Can't Be Booked For Criticising Govt': Supreme Court Grants Protection To UP Scribe

The Supreme Court has affirmed that journalists cannot be criminally charged for criticizing the government

Highlighting the essence of freedom of expression of one’s views in democratic nations, the Supreme Court on Friday (October 4, 2024) said criminal cases can not be slapped on journalists perceived as critical of the government. The top court also barred the Uttar Pradesh Police from taking coercive action against journalist Abhishek Upadhyay after an FIR was filed against him for questioning “Thakur raj”, or Rajput dominance, in Uttar Pradesh under Chief Minister Yogi Adityanath administration.

A bench of Justices Hrishikesh Roy and SVN Bhatti also sought a response from the Uttar Pradesh Government on the journalist's plea seeking the quashing of FIR against him over his story about a “casteist tilt” in the deployment of officers in UP. 

"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," the court said, according to a report by Bar and Bench.

"Merely because writings of a journalist are perceived as criticism of the Government, criminal cases should not be slapped against the writer," the bench added while issuing notice to state government and others returnable in four weeks.

Notable, Upadhyay wrote an article titled ''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, the media person sought quashing of the FIR registered by UP police, as well as other FIRs that may have been filed concerning the incident at other places.

The petitioner said that his work became a topic of public discussion after Samajwadi party supremo Akhilesh Yadav hailed it in a post on 'X'. Following that, he started receiving threats online. He approached UP police seeking action against such threats via mail and social media. However, 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.”

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