New Delhi — In a significant ruling that upholds freedom of expression, the Supreme Court of India has made strong observations against the misuse of criminal cases to target journalists who publish critical reports on the government. The apex court stated that filing criminal charges against journalists merely for writing critical news stories violates the fundamental right to freedom of speech and expression.
The court was hearing a petition filed by journalist Abhishek Upadhyay, who sought to quash multiple FIRs registered against him. Upadhyay had written an investigative report on caste-based appointments in the administrative sector of the Uttar Pradesh government. Following the publication, police cases were filed against him not only in Uttar Pradesh but in other regions as well.
During the hearing, the Supreme Court emphasized that journalism that critiques the government is a vital part of a functioning democracy and cannot be a ground for criminal prosecution. “Freedom of expression must be respected in democratic societies,” the bench stated, adding that such actions pose a serious threat to Article 19(1)(a) of the Indian Constitution, which guarantees freedom of speech and expression.
The court further observed that journalists must not be harassed or intimidated through legal means for doing their job. “Merely because a report is critical of the government, it cannot be the basis for initiating criminal proceedings,” the court remarked.
Granting interim protection to Abhishek Upadhyay, the Supreme Court restrained authorities from taking any coercive steps against him. It also issued notices to the Uttar Pradesh government, seeking a response, and adjourned the matter for further hearing on November 5.
This ruling is being hailed as a reaffirmation of the rights of journalists and a reminder to authorities that the press plays a crucial role in a healthy democracy.
