S. C. OF INDIA EMPHASIZED THAT JOURNALISTS SHOULD NOT FACE CRIMINAL CHARGES MERELY BECAUSE THEIR WRITINGS ARE VIEWED AS CRITICAL OF THE GOVERNMENT. (PHOTO).

 The Supreme Court of India on Friday emphasized that journalists should not face criminal charges merely because their writings are viewed as critical of the government. 

A bench, comprising Justices Hrishikesh Roy and SVN Bhatti, reiterated that the right to express opinions freely is protected under Article 19 (1)(a) of the Constitution. The court highlighted that in a democracy, freedom of speech is valued and the rights of journalists must be upheld.

This statement was made during a hearing of journalist Abhishek Upadhyay’s plea to quash an FIR filed against him in Uttar Pradesh. The FIR was registered after he published a report discussing the caste dynamics in the state’s administration. While issuing a notice to the Uttar Pradesh government for a response, the court directed that no coercive actions be taken against Upadhyay until the next hearing.

The bench acknowledged that Upadhyay’s article, which was published on X (formerly Twitter), had a “casteist tilt,” but his lawyer argued that the FIR did not indicate any criminal offense. There were concerns that since the report was shared online, multiple FIRs could be filed against the journalist across various locations.

In his plea, Upadhyay argued that the FIR was an attempt by the state government to silence his voice and misuse the law-enforcement machinery. The FIR, registered on September 20 at Hazratganj police station in Lucknow, included charges under several sections of the Bharatiya Nyaya Sanhita and the IT Act. Upadhyay has requested the court to quash the FIR to prevent further harassment. The next hearing is scheduled in four weeks.