Top court protects Uttar Pradesh scribe facing criminal case for ‘caste bias’ report

Maintaining that criminal cases should not be slapped against journalists for their perceived writings critical of the government, the Supreme Court on Friday granted interim protection from coercive action to journalist Abhishek Upadhyay booked in a criminal case by the Uttar Pradesh Police for his story on alleged caste bias in the state administration.

Rights protected under Constitution

In democratic nations, freedom to express one’s views is respected. The rights of journalists are protected under Article 19(1)(a) of Constitution. SC bench

“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 of India. 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 Justice Hrishikesh Roy and Justice SVN Bhatti said, issuing a notice to the Uttar Pradesh Government on Upadhyay’s petition.

“In the meantime, coercive steps should not be taken against the petitioner in connection with the subject article,” it said, posting the matter for hearing after four weeks.

Upadhyay has sought quashing of an FIR lodged against him by the Uttar Pradesh Police for allegedly publishing a news report on the “caste dynamics of the general administration” in the state. “The petitioner is continuously getting threats on social media. That it is respectfully submitted that threats are continuing including arrest, bodily injury or even encounter killing in the hands of the UP Police in the matter,” Upadhyay had submitted.

His story “Yadav Raj versus Thakur Raj (or Singh Raj)” analysed caste dynamics in the UP administration. On a complaint by one Pankaj Kumar, Upadhyay has been booked under Sections 353(2), 197(1)(C), 302 and 356 of the Bharatiya Nyaya Sanhita and Section 66 of the IT (amendment) Act, 2008. Kumar allegedly compared the UP Chief Minister to God, saying “Honorable Yogi Adityanath Maharaj Ji is like an incarnation of God.” The entire story done by him, if taken on its face value, did not disclose any offence punishable under any provision of the law, Upadhyay submitted.