The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Friday said in a democratic country, criminal cases cannot be lodged against journalists for criticising the government as their rights are protected under the Constitution.
The top court protected journalist Abhishek Upadhyay from arrest in any case registered against him in connection with a post by him X alleging appointment of officers from a particular caste on prominent positions in Uttar Pradesh.
A bench of Justices Hrishikesh Roy and S V N Bhatti said, "In democratic nations, freedom to express one’s views are 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."
Upadhyay filed a writ petition questioning the validity of the FIR lodged against him in Lucknow for his post.
His counsel Anoop Prakash Awasthi contended going by the contents of the FIR, no offence can be said to be made out.
The court issued notice to the Uttar Pradesh government and sought its response within four weeks.
His counsel also said he was aware of the one FIR but there could be multiple cases lodged against him in connection with his post.
"In the meantime, coercive steps should not be taken against the petitioner in connection with the subject Article (post)," the bench said.