The Supreme Court of India, in a significant ruling on October 4, granted interim protection to Uttar Pradesh-based journalist Abhishek Upadhyay, stating that criminal cases cannot be initiated solely because a journalist’s article is critical of the government. This decision came after an FIR was filed against Upadhyay for an article that alleged caste-based favoritism in the Uttar Pradesh administration, as reported by LiveLaw.
In September, Pankaj Kumar, who claimed to be a freelance journalist, lodged the FIR at Lucknow’s Hazratganj police station, accusing Upadhyay of writing a news story that suggested the Uttar Pradesh government was favoring individuals from a particular caste for administrative positions. The Indian Express reported that Kumar’s complaint centered on Upadhyay’s article, which questioned the state government’s caste dynamics.
According to Hindustan Times, the FIR against Upadhyay included charges under several sections of the Bharatiya Nyay Sanhita (BNS), including hate speech (Section 353), statements prejudicial to the integrity of the country (Section 197(1)(c)), hurting religious sentiments (Section 302), and defamation (Section 356), as well as Section 66 of the Information Technology Act. The complaint accused Upadhyay and another journalist of spreading “false, baseless, and misleading information” on their social media accounts on X (formerly Twitter), alleging that their posts were part of a conspiracy to tarnish the image of Uttar Pradesh Chief Minister Yogi Adityanath, disturb social harmony, and promote enmity.
Following the FIR, the official handle of the Uttar Pradesh Police replied to Upadhyay on X, cautioning him against spreading rumors or misinformation. The police warned that such actions could lead to legal consequences, stating that misinformation “which leads to confusion and instability in society” is unlawful.
After the FIR was filed, Upadhyay approached the Supreme Court seeking protection from arrest. Advocate Anoop Prakash, who represented Upadhyay, informed the court that since the publication of the article titled “Yadav Raj versus Thakur Raj”, Upadhyay had been subjected to threats and abuse, according to Hindustan Times.
During the October 4 hearing, the Supreme Court made it clear that in a democratic country, criticism of the government should not be grounds for criminal action. “The rights of journalists are protected under Article 19(1)(a) of the Constitution of India,” the court stated, noting that “merely because a journalist’s writings are perceived as criticism of the government, criminal cases should not be filed against the writer.”
The court further granted interim protection to Upadhyay, directing that no coercive steps should be taken against him in connection with the article. Additionally, the court issued a notice to the state of Uttar Pradesh, asking for a response within four weeks. The case will next be heard on November 5.
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Tahir Rihat (also known as Tahir Bilal) is an Indian journalist and online editor at The Chenab Times. Based in Thathri, Doda, he reports on regional affairs, civic governance, and human-interest stories across Jammu and Kashmir. Rihat also maintains a personal website, tahirrihat.com, where he shares professional updates and reflections on journalism in the Chenab Valley.
