SC protects scribe facing criminal case for his story on alleged caste bias in UP administration
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.
“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 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 UP police in the matter,” Upadhyay had submitted.
His story ‘Yadav Raj versus Thakur Raj (or Singh Raj)” analysed caste dynamics in the Uttar Pradesh administration.
On a complaint by one Pankaj Kumar, Upadhyay has been booked under Sections 353(2) [hate speech], 197(1)© [statement against national integration], 302 (hurting religious feelings), 356 (defamation) of Bharatiya Nyay Sanhita Act and Section 66 of the IT (amendment) Act, 2008.
Kumar allegedly compared Uttar Pradesh 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 provisions of law, Upadhyay submitted.
