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The Supreme Court granted interim protection to journalist Abhishek Upadhyay, facing charges for a post on caste dynamics in Uttar Pradesh. The Court stressed that government criticism should not lead to criminal action, upholding journalistic freedom.
NEW DELHI: The Supreme Court on Friday extended interim protection to Lucknow-based journalist Abhishek Upadhyay, who is facing criminal charges for a social media post on caste dynamics in Uttar Pradesh’s administrative appointments.
The post, which was shared on X (formerly Twitter), sparked controversy by questioning the influence of caste in the state’s administration under the leadership of Chief Minister Yogi Adityanath.
A Division Bench, comprising Justices Hrishikesh Roy and SVN Bhatti, issued a notice to the Uttar Pradesh government and requested a response to Upadhyay’s plea to dismiss the charges.
In the meantime, the Court granted interim relief, shielding Upadhyay from arrest or further legal action. The Court emphasized the importance of journalistic freedom and underscored that a journalist should not face criminal charges merely for being critical of the government.
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“Freedom of expression is a fundamental right in democratic nations,” the Bench noted. “The rights of journalists are protected under Article 19(1)(a) of the Indian Constitution. Criticism of the government, even if viewed unfavorably, should not invite criminal cases against the writer.”
The Court further extended this protection to cover any future FIRs or legal cases that might be filed against Upadhyay over the same issue.
However, the Bench raised questions regarding the inclusion of Chief Minister Yogi Adityanath as a respondent in the case, asking Upadhyay’s counsel whether it was appropriate to name him as a party. Ultimately, the Court limited its notice to the state of Uttar Pradesh.
The controversy stems from a post by Upadhyay titled “Yadav Raj versus Thakur Raj (or Singh Raj),” which examined caste dynamics in UP’s administrative setup. His post pointed out that just as “Yadav Raj” was scrutinized during former CM Akhilesh Yadav’s tenure, there was now a need to examine “Thakur Raj” under Adityanath’s leadership.
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The post included a list of officials allegedly belonging to the Thakur community, raising concerns about potential caste favoritism in appointments.
An FIR was filed against Upadhyay under several provisions of the Bharatiya Nyay Sanhita (BNS) and the Information Technology (Amendment) Act, 2008. The charges include hate speech, defamation, and promoting enmity based on caste.
The complaint, filed by one Pankaj Kumar, praised Adityanath as a divine figure and took issue with the tone of Upadhyay’s post.
Upadhyay’s petition to the Supreme Court argues that his post does not constitute any offense under Indian law. He also highlighted that he has faced threats and harassment, including from the official X account of the Uttar Pradesh Police, after tagging the acting Director General of Police in a subsequent post reporting the threats.
The case, which was filed through advocate Anoop Awasthi, now awaits further action from the state and will be reviewed by the Court in due course.
