Supreme Court Shields Journalist from UP Police FIRs Amidst Caste Discrimination Revelations
(Judicial Quest News Network)
New Delhi, 24, October, 2024, In a significant development today, the Supreme Court provided interim protection to journalist Mamta Tripathi, who faced multiple FIRs filed by the Uttar Pradesh Police over her investigative articles exposing caste discrimination within the state government’s administration.
The bench, comprising Justices B.R. Gavai, Prashant Kumar Mishra, and K.V. Viswanathan, issued this order in response to Tripathi’s plea, urging the court to intervene against what she characterized as harassment stemming from her journalistic work. The court has called for a response from the Uttar Pradesh Government regarding the criminal proceedings initiated against her.
While delivering the order, Justice Gavai emphasized the importance of protecting freedom of expression in democratic nations, referencing Article 19(1)(a) of the Indian Constitution, which safeguards journalists’ rights. The bench highlighted that criticisms aimed at the government should not result in legal actions against journalists, a sentiment echoed by Justices Harikrishna Roy and SVN Bhatti in their observations in another similar case four weeks ago.
The petition is drafted and filed through AOR Mr. Amarjit Singh Bedi.
Tripathi’s legal team noted that four FIRs had been registered against her so far, with the court previously granting a stay on one of these cases involving fellow journalist Abhishek Upadhyay, who argued that such actions were purely retaliatory. He pointed out that even innocuous social media comments about local officials had led to legal repercussions.
When questioned by Justice Gavai about the decision to approach the Supreme Court directly, the senior counsel representing Mamta Tripathi explained that this route was deemed necessary due to the alleged violation of the journalist’s fundamental rights.
It is submitted in her plea that a journalist’s duty is to serve the truth, to hold power accountable, and to inform the public without fear or favor there is a statutory bar in registration of an FIR under Section 502 IPC, in view of Section 199 Cr.P.C. Thus, no FIR can be lodged under Section 502 IPC, as has been reaffirmed by this Hon’ble Court in Subramanian Swamy v. Union of India, (2016) 7 SCC 221 and in Arnab Ranjan Goswami v. Union of India, (2020) 14 SCC 12, whereas in the instant case, a charge-sheet has been filed against the Petitioner under Section 501 IPC, among other sections, and the trial court has proceeded to mechanically issue summons to the Petitioner the plea asserts.
Further it is submitted in the plea that all FIR’s are squarely covered by the dictum of this Hon’ble Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 and in Salib v. State of U.P., 2023 SCC OnLine SC 947. It is 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, the Petitioner is entitled for getting the relief of quashing of FIRs
These FIRs are politically motivated and attempts are being made to scuttle the freedom of press by lodging frivolous FIRs against the Petitioner. That to quote 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 her story attempted to point out the facts and reported events that transpired in the state of Uttar Pradesh, however same has not gone well within the powerhouse of administration and a frivolous FIR’s have been filed against the Petitioner. The Petitioner is a veteran investigative journalist who has been in the profession for over two decades. She has always been an upstanding and fearless journalist, upholding the highest standards of ethics. The Petitioner has been an outspoken critic of corruption and corrupt practices or abuse of process prevalent in government machinery; and has regularly reported on the same. It is for this reason that she has often invited the ire of the government disposition. She has been a part of both electronic as well as print media, having served eminent news agencies like Indian Express, Hindustan Times, India Today, News18, Dainik Bhaskar, etc. However, multiple FIRs lodged against her, in order to create a chilling effect and deter her from raising questions on the functioning of the incumbent government the plea averts.
Ultimately, the bench issued a notice to the Uttar Pradesh Government and granted interim protection to Mamta Tripathi concerning six articles she authored, underscoring the judiciary’s commitment to upholding journalistic integrity and freedom of expression.
