On October 4, 2024, the Supreme Court has granted interim protection to journalist Abhishek Upadhyay from Uttar Pradesh, shielding him from arrest and potential police action. Upadhyay faced an FIR for authoring a post on X (formerly Twitter) on caste dynamics in the Uttar Pradesh state administration, titled “Yadav Raj versus Thakur Raj (or Singh Raj)”.
On Friday, the Supreme Court’s division bench, comprising Justices Hrishikesh Roy and S.V.N. Bhatti, while hearing the quashing petition moved by Upadhyay (Abhishek Upadhyay v. The State of UP & Anr. [WP (Crl.) No. 402 of 2024] against the said FIR, observed that journalists’ rights are protected under Article 19(1)(a) of the Constitution, and criticism of the government should not lead to criminal cases against the writer.
Background of the case
On the complaint of another freelance journalist, Pankaj Kumar, referred to Yogi as “Maharaj” in his complaint, a FIR against Abhishek Upadhyay (Lucknow-based freelance journalist) and Mamata Tripathy was filed in Lucknow’s Hazratganj police station for their post on X, questioning the rise of “Thakur Raj” in Uttar Pradesh under the regime of Chief Minister Yogi Adityanath, listing appointment of 40 top state government officials who purportedly belong to the Thakur community and questions the alleged appointments were being made on the basis of caste.
Following the same article, an FIR No. 265 of 2024 came to be registered against Abhishek Upadhayay at the Hazratganj Police Station under the provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) sections 353 (2) (statements conducing 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) and under Section 66 of the Information Technology (IT) Act, 2000.
Against the said FIR and apprehending the potential police arrest and action, Upadhyay approached the Supreme Court for quashing of the FIR.
Journalists can’t be booked for criticising govt: SC
Abhishek Upadhyay in his plea before the Supreme Court, sought quashing of the FIR registered by the Hazratganj Police Station as well as other FIR’s that may have been filed at other places.
On behalf of the Petitioner, Advocate Anoop Prakash Awasthi informed the bench that his piece became a topic of discussion after former Chief Minister and present Leader of Opposition Akhilesh Yadav hailed it in a post on ‘X’.
According to Live Law, Upadhyay started receiving threats online as his post sparked discussions on X. Upadhyay against the threat, wrote an email to the UP Police’s 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 division bench of Supreme Court while underscoring the right to Freedom of Criticism, pointed out that in democratic nations, freedom of expression must be respected as journalists are protected under Article 19(1)(a) of the Indian Constitution.
The bench emphasized that “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.” (Para 5)
While granting protection to the Upadhayay, the bench issued notice to the UP government on the pleas filed by the petitioner. The bench also directed that “in the meantime, coercive steps should not be taken against the petitioner in connection with the subject Article” (Para 8)
The order of the Supreme Court may be read here:
As per a report in Newslaundry, Upadhyay while reacting to the FIR lodged against him, said that the FIR was an attempt to “scare journalists from asking questions and doing such stories”. “We raised such questions against every government, but only under this regime are we silenced.”
The bench posted the matter on November 5, 2024 for next hearing.
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