The Supreme Court Today (Dec 2) granted interim relief to journalist Mamta Tripathi booked for a video report in the newspaper Dainik Bhaskar concerning the working of administration of State of Uttar Pradesh. The Bench said that no coercive action should be taken against Tripathi and also sought the Uttar Pradesh government’s response to the plea filed by Tripathi to quash the First Information Report (FIR) registered against her.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Supreme Court of India, on Monday, granted interim relief to journalist Mamta Tripathi, who faced legal action over a video report published in Dainik Bhaskar concerning the administration in Uttar Pradesh.
The Bench, comprising Justice BR Gavai and Justice KV Viswanathan, ordered that no coercive action be taken against Tripathi and requested a response from the Uttar Pradesh government regarding her plea to quash the FIR filed against her.
Supreme Court’s Interim Protection
The Court, in its order, stated:
“Issue notice to respondent. In the meanwhile no coercive action will be taken against the petitioner in the cases against her. At the outset, counsel for State of Uttar Pradesh submits that copies of the case papers be furnished to her so that she can make appropriate submissions before this court on the challenge by the petitioner against the High Court order. The same shall be done. Post the matter after two weeks.”
Tripathi had approached the Supreme Court following an order by the Allahabad High Court on September 11, which declined to quash the FIR against her.
The FIR invoked provisions under Sections 120B (criminal conspiracy), 420 (cheating), and 501 (defamation) of the Indian Penal Code (IPC), along with Section 66 of the Information Technology Act, 2000.
Legal Background of the Case
A chargesheet had been filed against Tripathi, and she was summoned on May 3, 2023.
Seeking relief, she had initially approached the High Court, but her plea was rejected, prompting her to escalate the matter to the apex court.
Harassment Allegations by Tripathi
Senior Advocate Siddharth Dave, representing Tripathi, described the FIRs as targeted harassment against a journalist who was exercising her right to report. He stated:
“This is a complete harassment against a journalist in UP. Every time I post a tweet, an FIR is filed against me. This is absolute harassment. Please protect me.”
Dave further argued that Dainik Bhaskar had stood by Tripathi’s report, affirming its accuracy, and emphasized that the case lacked merit.
State’s Argument and Court’s Response
On behalf of the Uttar Pradesh government, Additional Advocate General Garima Prasad contended that the State had not been heard when the Supreme Court previously granted protection to Tripathi. She also noted that Tripathi had not been appearing before the trial court. Prasad requested one week to submit the complete facts of the case.
The Supreme Court, while acknowledging the arguments, considered the circumstances and extended interim protection to Tripathi.
The Bench remarked that the State should provide all relevant case papers to Tripathi to enable her to present her defense effectively.
Context of Ongoing Legal Protection
Notably, the Supreme Court had already protected Tripathi from arrest in October in connection with multiple FIRs related to her tweets.
Her legal battles highlight the challenges faced by journalists in Uttar Pradesh.
Next Hearing Scheduled
The matter will be revisited in two weeks, allowing the State to present its comprehensive arguments while maintaining Tripathi’s interim protection from arrest.
This case underscores critical questions about press freedom and the role of the judiciary in safeguarding journalists against alleged misuse of legal provisions to curb dissent.
Click Here to Read Previous Reports on Journalist Mamta Tripathi
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
