The Supreme Court on Thursday granted interim protection to a journalist booked over her articles alleging caste discrimination in the administration of the Uttar Pradesh government.
The Bench of Justice BR Gavai, Justice Prashant Kumar Mishra and Justice KV Viswanathan passed the order in favour of journalist Mamta Tripathi.
The Uttar Pradesh police had allegedly lodged four FIRs against Tripathi over six articles written by her.
The Bench also issued notice to the UP government, returnable in four weeks, on Tripathi’s plea seeking quashing of the criminal proceedings initiated against her.
The Apex Court directed that no coercive steps be taken against Tripathi in connection with the subject articles.
Another journalist – Abhishek Upadhyay, had recently moved the Supreme Court for quashing of an FIR registered by the UP Police over a story exploring the caste dynamics in the Uttar Pradesh State Administration.
On October 4, the Apex Court granted interim protection to Upadhyay on the grounds that criminal cases could not be slapped against journalists merely because their writings were perceived as criticism of the government.
The Bench of Justice Hrishikesh Roy and Justice SVN Bhatti observed in its order that democratic nations respected the freedom to express one’s views. The rights of the journalists were protected under Article 19(1)(a) of the Constitution. Merely because the writings of a journalist were perceived as criticism of the government, criminal cases should not be slapped against the writer.
Appearing for Tripathi, Senior Advocate Siddharth Dave contended that four FIRs have been registered so far and the Court has granted stay in one FIR, as a result of the protection granted to Upadhyay.
Dave contended that this was a case of pure harassment as whenever journalists even tweeted something, be it regarding the District Magistrates using red light on their vehicles or caste issues between Thakurs and Brahmins, FIRs were registered against them.
The Apex Court asked the petitioner as to why it approached the Supreme Court directly.
Dave replied that Upadhyay also moved the top court of the country directly. Tripathi’s case was similar to Upadhyay’s, as there has been a violation of her fundamental rights.
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