In a significant ruling, the Supreme Court of India on Friday asserted that criminal cases should not be filed against journalists solely because their writing is seen as criticism of the government. The court emphasized the importance of freedom of expression in a democracy, stating that journalists’ rights are protected under Article 19(1)(a) of the Constitution.
This landmark decision came in response to an FIR filed against journalist Abhishek Upadhyay in Uttar Pradesh. Upadhyay was accused of publishing a news report that allegedly delved into the ‘caste dynamics’ within the state’s administration. The Supreme Court, recognizing the potential for this FIR to be used to stifle critical reporting, ordered that no coercive action should be taken against the journalist in relation to the article.
The court further sought a response from the Uttar Pradesh government regarding Upadhyay’s plea to have the FIR quashed. The case has been adjourned for four weeks, leaving the future of the FIR and the potential consequences for Upadhyay uncertain. This ruling is seen as a vital step in safeguarding press freedom in India and ensuring that journalists can carry out their critical role in holding the government accountable without fear of reprisal.