Cases can’t be lodged against journalists for criticising govt: Supreme Court

Bench protects journalist who wrote on ‘casteist tilt’ in Uttar Pradesh govt. administration

The Supreme Court on Friday (October 4, 2024) said criminal cases could not be slapped on media persons perceived as critical of the government while barring the Uttar Pradesh Police from taking coercive steps against a journalist for his article about a “casteist tilt” in the deployment of officers occupying key positions in the Yogi Adityanath administration.

“In democratic nations, freedom to express one’s views is respected. The rights of the 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,” a Bench of Justices Hrishikesh Roy and S.V.N. Bhatti underscored in its judicial order.

Abhishek Upadhyay, represented by advocate Anoop Prakash Awasthi, said the article saw the Uttar Pradesh Police register a “frivolous” FIR against him under various provisions of the Bharatiya Nyaya Sanhita and Section 66 (computer-related offences) of the Information Technology Act.

The journalist, in his petition, said the very prelude of the FIR “compares the current Chief Minister of Uttar Pradesh as incarnation of God and hence immune from any critical analysis of the caste dynamics in his general administration”.

The FIR was quoted by Mr. Upadhyay saying “Honorable Yogi Adityanath Maharaj Ji is like an incarnation of God. The Indian territory among all the Chief Ministers of various States in India, none even come close to Maharaj Ji in terms of popularity. Maharaj Ji has the highest number of followers on the social media platform X compared to any other Chief Minister in India. Since Maharaj Ji became Chief Minister, Uttar Pradesh has reached the top position in India concerning law and order. Uttar Pradesh has excelled in many fields at the national level under his leadership. Since he renounced worldly life, he no longer belongs to any caste; he is simply a sanyasi (monk)...”

The petition said a “journalist’s duty is to serve the truth, to hold power accountable, and to inform the public without fear or favour”.

Mr. Awasthi read the contents of the FIR in court to argue that no offence could be said to be made out. He apprehended that since the story was posted on X (earlier Twitter), it might result in multiple other FIRs.

Mr. Upadhyay said, besides lodging of the current FIR, he had also received threats of legal action from the official X handle of the Uttar Pradesh Police in reply to his post to acting Director General of Police and continuously getting threats of arrest and even encounter killing.

“Freedom of speech is the most precious right given in our Constitution for a healthy and participatory democracy,” the petition said.

The court issued notice to the State of Uttar Pradesh and listed the case after four weeks.

Published - October 04, 2024 10:09 pm IST