The Supreme Court on Wednesday granted two-month protection to three journalists of The Wire, published by the Foundation for Independent Journalism, in an FIR registered against them for offences under Sections 153, 153A, 153B, 505 of the Indian Penal Code and other offences for reporting and commenting on current affairs.
The Bench, led by Justice L Nageswara Rao and also comprising Justices B.R. Gavai and B.V. Nagarathna, said that a journalist should not approach it directly for quashing of FIRs and asked them to approach the Allahabad High Court, seeking quashing of FIR against them, stating that it does not want the freedom of press to be muzzled.
The Court was hearing the plea filed by journalists from The Wire, seeking quashing of FIRs across the State of Uttar Pradesh registered against them under the offences of ‘giving provocation with intent to cause riot’, ‘promoting enmity between different groups’, ‘causing fear or alarm to the public’ and ‘creating or promoting enmity, hatred or ill-will between classes’.
The Bench said,
“We understand the importance of the right to freedom of expression and we do not want the press to be strangled. However, we cannot open a different path for journalists by ordering to quash the FIR.”
Three FIRs have been registered at different places in Uttar Pradesh (Rampur, Ghaziabad and Barabanki) against three journalists associated with The Wire. All of them had filed a petition in the Supreme Court, demanding quashing of the FIR.
The petitioners sought an order restraining the respondents from taking any coercive action in the cases filed against them. The said FIRs were filed solely on account of the journalistic reporting of various events and occurrences of public relevance, and amount to an unconscionable use of the criminal process, especially of Sections 153, 153A, 153B, 295-A and 505 IPC, they alleged.
The petitioners argued that none of the reports/publications amount to any of the offences in the FIRs. They had also prayed for issuance of appropriate guidelines to prevent this manner of use of criminal process, which has a chilling effect on media freedom and the right of people to be informed.
The plea contended that if the use of this power was allowed to continue, it would adversely affect the accountability of State functionaries and institutions, and shroud social evils that the media has a duty to write and comment about.
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It gave examples of the incidents which were covered or published by the petitioners like the demolition of a mosque by state authorities at Ram Sanehi Ghat, Barabanki, UP; the death of a young man at the farmers’ agitation in New Delhi on January 26, 2021 and his family’s allegations as to the cause of his death; an incident where an old Muslim man was manhandled and his beard chopped off, and where he said he was forced to chant various slogans.
The petitioners had argued that all these incidents were matters of record, in the public domain, and there is no suggestion of any unrest following the report of or comment on these incidents. Public interest in a discussion of such incidents is also undeniable. Yet, these are all subjects of criminal prosecutions by respondents, they added.
Case:- Foundation for Independent Journalism & Ors vs State of UP & Ors