New Delhi: The Supreme Court on Friday highlighted the essence of freedom to express one’s views in democratic nations and stressed that it should be respected, while protecting a journalist from arrest, who moved the top court seeking quashing of an FIR lodged against him in Uttar Pradesh for allegedly publishing a news report on the "caste dynamics of the general administration" in the state.
A bench of Justices Hrishikesh Roy and SVN Bhatti said: "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," said the bench, while issuing notice to state government and others returnable in four weeks.
The apex court passed the order on a plea filed by journalist Abhishek Upadhyay, who has sought quashing of an FIR lodged against him in Uttar Pradesh for allegedly publishing a news report on the "caste dynamics of the general administration" in the state.
During the hearing, advocate Anoop Prakash Awasthi, representing the journalist, read the contents of the FIR and contended before the bench that no offence can be said to be made out by the FIR. Yet the petitioner is being targeted and since the story was posted on X (earlier Twitter), it might result in multiple other FIRs, said the counsel.
The apex court protected the journalist from any coercive steps. "Dasti notice to the Standing Counsel for the State of Uttar Pradesh, in addition. In the meantime, coercive steps should not be taken against the petitioner in connection with the subject Article (Annexure P/4)," said the bench.
The bench noted that petitioner is a journalist and he published an article with a casteist tilt on the officers deployed in responsible positions in the state. After the publication of the article, an FIR was registered against the petitioner in Lucknow.
