The Allahabad High Court recently stayed an FIR registered against journalist Amit Yadav by the Uttar Pradesh Police in connection with a news report highlighting the alleged poor condition of a government school in Lucknow.
A Division Bench comprising Justice Abdul Moin and Justice Pramod Kumar Srivastava observed prima facie that the FIR appeared to be a retaliatory action by the authorities against the journalist for exposing shortcomings at the school.
The High Court criticized the authorities for “killing the messenger” by filing a case against the journalist. The Bench emphasized that reporting on school conditions that fail to meet RTE Act standards is not a crime, calling the FIR against the reporter a seemingly malicious attempt to silence criticism.
Yadav had approached the High Court seeking quashing of the FIR registered against him on August 24 in connection with his report on the condition of Purva Madhyamik Vidyalaya at Begriya Mau in Lucknow’s Gosaiganj. According to the report, the toilets at the school were in a dilapidated condition and drinking water was not available for the students.
However, the journalist was booked for allegedly entering the school premises without permission, disrupting the studies of children and compelling two women teachers to speak about the condition of the school.
The police alleged that the school was in excellent condition and claimed that Yadav’s report was motivated by political prejudice.
Challenging the FIR, Yadav’s counsel argued that the offences invoked against him under the Bharatiya Nyaya Sanhita (BNS) were not made out.
Yadav’s counsel argued that the offences under the BNS were not made out. Proceedings under Section 356 BNS for criminal defamation can be initiated only on a complaint by an aggrieved person, while Section 353 BNS contains an exception for statements published in good faith. It was also submitted that Section 223 BNS was inapplicable as there was no order by a public servant restricting entry into the school.
The High Court agreed that the authorities had erred in invoking Section 356 BNS, observing that the FIR could not have been registered for criminal defamation in the circumstances. It also said the authorities should have considered the good-faith exception under Section 353 BNS.
The Court noted that the RTE Act, 2009 requires schools to provide basic facilities, including safe drinking water, separate toilets for boys and girls and playgrounds. If the journalist had highlighted deficiencies in these facilities, the government should have addressed them instead of “making it an ego issue” and registering an FIR, the Bench said.
The Court further emphasised that journalistic freedom lies at the core of freedom of speech and expression and journalists must be able to speak truth to power without fear of reprisal. Finding a prima facie case for interference, the Court stayed the FIR and directed that no action be taken against Yadav until further orders.
The Additional Chief Secretary, Basic Education Department, Uttar Pradesh, was directed to file a personal affidavit detailing the school’s present condition and any improvements made following Yadav’s report.
The matter will be heard after four weeks.
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