SC seeks UP govt reply on journalist plea, grants interim relief

New Delhi [India] October 4 : The Supreme Court on Friday sought a response from the Uttar Pradesh Government on a journalist plea seeking quashing of FIR against him over his story and also directed the concerned authorities not to take coercive steps against him.
A bench of justices Hrishikesh Roy and SVN Bhatti directed the authority concerned not to take coercive steps against the journalist Abhishek Upadhyay in connection with the matter. The top court issued a notice to UP and listed the matter after four weeks.
The journalist has sought quashing of FIR against him over his story with the caption 'Yadav Raj versus Thakur Raj (or Singh Raj) on the caste dynamics of the general administration in the state
of Uttar Pradesh.
In a plea filed through advocate Anoop Prakash Awasthi, the journalist has sought quashing of the FIR lodged under various counts of BNS and 66 of IT (Amendment) Act, 2008 in PS Kotwali Hazrat Ganj, Lucknow, Uttar Pradesh and registered against him all such FIRs which may have been filed at other places containing the same or similar allegations.
"A journalist's duty is to serve the truth, to hold power accountable, and to inform the public without fear or favour, however while doing the same and publishing a story with the caption 'Yadav Raj versus Thakur Raj (or Singh Raj) on the caste dynamics of the general administration in the state of Uttar Pradesh, the Petitioner has been named in an FIR filed U/s 353(2), 197(1)(C), 302, 356(2) of BNS Act and Section 66 of the IT (amendment) Act, 2008, he has also received threats of legal action from official X handle of Uttar Pradesh Police in reply to his post to acting DGP and continuously getting threats of arrest and even encounter killing," the petition said, which also quoted Joseph Pulitzer, "A journalist is the lookout on the bridge of the ship of state. He notes the passing of the significant events, records them, and points out the dangers."
"That the Petitioner by his story attempted to point out the dangers of caste bias in general administration of the state of Uttar Pradesh in various regimes and comparative discourses thereupon, however same has not gone well within the powerhouse of administration and a frivolous FIR has been filed against the Petitioner and prelude of which is quoted hereunder which compares the current Chief Minister of Uttar Pradesh as incarnation of GOD and hence immune from any critical analysis of the caste dynamics his general administration," the petition said.
The petitioner submitted that the entire journalistic story done by the petitioner, if taken on its face value, does not disclose any offence punishable under any provisions of law as such in consonance with the principles enshrined into the case of State of Haryana v. Bhajan Lal amongst many others, the petitioner is entitled for getting the relief of quashing of FIR. The reason for approaching the top Court is threat of legal action by the official 'X' handle of UP Police and the Petitioner is not aware as to how many other FIRs are filed against him on the issue in the State of Uttar Pradesh or anywhere else, the petition said.
The plea was filed by journalist Abhishek Upadhyay, who said that he is a seasoned journalist with over two decades of experience, having held senior positions in prominent Indian media organizations such as ABP News, India TV, TV9, Dainik Bhaskar, and Amar Ujala.