New Delhi, Oct 5: The Supreme Court of India on Friday stressed that journalists should not be charged with criminal cases solely because their work is viewed as critical of the government.
A bench comprising Justices Hrishikesh Roy and SVN Bhatti highlighted that the right to freedom of expression is protected under Article 19(1)(a) of the Constitution, particularly in a democratic setup.
The court made these remarks while hearing a plea from journalist Abhishek Upadhyay, who sought to dismiss an FIR filed against him in Uttar Pradesh. The FIR was related to an article he had published discussing caste dynamics within the state’s administration.
The bench pointed out that criticisms of the government in a journalist’s work do not warrant criminal charges. The FIR in question was lodged in Lucknow after Upadhyay’s article, ‘Yadav Raj versus Thakur Raj,’ examined the caste backgrounds of senior officers in the administration.
Upadhyay’s petition argued that the FIR was an attempt to misuse law enforcement to silence him, and called for it to be quashed to prevent further harassment. The FIR was filed under sections of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology (IT) Act. Upadhyay’s plea also contended that the article did not amount to any criminal offense.
The court has issued a notice to the Uttar Pradesh government to respond to the plea and instructed that no coercive actions should be taken against the journalist until the case is resolved. The next hearing is scheduled for four weeks from now.
