Criminal cases should not be slapped against journalists merely because their writings are perceived as criticism of the government, the Supreme Court said Today (Oct 4). Court said in democratic nations, the freedom to express one’s views is respected and the rights of journalists are protected under Article 19(1)(a) of the Constitution. The bench was hearing 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.
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NEW DELHI: The Supreme Court of India granted interim protection to Lucknow-based journalist Abhishek Upadhyay on Friday. Upadhyay had been charged in a criminal case due to a post he authored on X (formerly known as Twitter), which discussed caste dynamics in appointments within the Uttar Pradesh administration.
The post, titled “Yadav Raj versus Thakur Raj (or Singh Raj),” raised concerns about possible caste bias in the state’s administrative machinery.
The Division Bench, comprising Justices Hrishikesh Roy and SVN Bhatti, issued a notice to the Uttar Pradesh government and sought its response to Upadhyay’s plea, which aims to quash the criminal charges against him.
The Court remarked,
“Issue notice to respondent. In the meanwhile, interim protection is granted to the petitioner.”
This protection extends to any future first information reports (FIRs) or criminal cases filed against Upadhyay on the same issue.
Furthermore, the Court questioned the decision of Upadhyay’s legal counsel to include Uttar Pradesh Chief Minister Yogi Adityanath as a respondent in the case. Justice Roy asked,
“Do you think that respondent no. 2 (referring to CM Adityanath) is a correct party?”
Despite this query, the Court ultimately issued notice only to the State of Uttar Pradesh in the matter.
The Content of Upadhyay’s Post
Abhishek Upadhyay’s controversial post on X explored the caste-based appointments in the Uttar Pradesh government. A translated excerpt of the post read:
“Since during the tenure of Akhilesh Yadav, the media has extensively researched and run news on ‘Yadav Raj’, it is now necessary to discuss ‘Thakur Raj’ during the tenure of Yogi Adityanath.”
The post provided a list of individuals allegedly from the Thakur community currently serving in the UP administration, questioning whether the government favored members of this community in its appointments.
This led to the registration of an FIR against Upadhyay under various sections of the Bharatiya Nyay Sanhita (BNS), including Sections 353(2) [hate speech], 197(1)(C) [statement against national integration], 302 [hurting religious feelings], and 356 [defamation], as well as Section 66 of the Information Technology (Amendment) Act, 2008. The complaint was lodged by an individual named Pankaj Kumar.
Upadhyay’s Plea to Quash the FIR
In his plea, Upadhyay argued that his journalistic post did not constitute an offense under any existing laws. He noted that the complainant, Pankaj Kumar, had even made statements praising Uttar Pradesh Chief Minister Yogi Adityanath.
The plea highlighted Kumar’s words:
“Honorable Yogi Adityanath Maharaj Ji is like an incarnation of god. The Indian territory among all the Chief Ministers of various states in India, none even one come close to Maharaj Ji in terms of popularity. Maharaj Ji has the highest number of followers on the social media platform X compared to any other Chief Minister in India.”
Upadhyay also informed the Court that he has been receiving threats due to the post. In his submissions, he revealed that after he reported the threats on X and tagged the acting Director General of Police (DGP), he even received threats of legal action from the official X handle of the Uttar Pradesh Police.
“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,”
-stated Upadhyay’s plea.
In light of the ongoing threats and the charges against him, the Supreme Court’s interim protection offers temporary relief to Upadhyay as the legal proceedings unfold.
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