The Supreme Court on Wednesday said it does not want the freedom of the press to be throttled or throttled, but it cannot forge a separate route to directly approach journalists seeking quashing of FIRs lodged against them. Is. The top court said this while hearing a plea by Foundation for Independent Journalism, which publishes digital news portal The Wire, and three of its journalists seeking quashing of three FIRs lodged against them in Uttar Pradesh.
A bench headed by Justice L Nageswara Rao asked the petitioners to approach the Allahabad High Court to quash the FIR and provide them security for two months. “You go to the High Court and argue for quashing. We will defend you in the interim,” the bench said. “We cannot create a different way for journalists to directly approach this court under Article 32 for quashing the FIR,” the bench said. The top court said that it understands the importance of freedom of expression and does not want the freedom of the press to be throttled.
The top court told the counsel appearing for the petitioners that he would provide security and they could approach the high court on the issue. The petition was filed by the Foundation for Independent Journalism and three journalists – Siraj Ali, Mukul Singh Chauhan and Ismat Ara – who sought quashing of three FIRs lodged against them in Uttar Pradesh’s Rampur, Ghaziabad and Barabanki. Them.
The petition, filed through advocate Shadan Farasat, states that these FIRs have been registered solely because of journalistic reporting of various incidents and incidents of public relevance. It said the FIR was registered in Rampur in January this year while the other two FIRs were registered in June.
“No part of the published case is an offense even remotely though it may be unpleasant for the government or some people,” it said, adding that an FIR has been registered against the portal and its authors in Uttar Pradesh. It is learned that the FIR has been registered in connection with a news report on the demolition of a mosque in the area in May 2021 by the police on the orders of the district administration in Barabanki.
“A news has the right to record and express the aspirations, anguish and point of view of the people, even if these do not conform to the thinking of the State or its agents. This is what the media in a democratic country is meant to do,” it said. Apart from seeking quashing of the three FIRs, the petition also sought a direction to the UP Police to refrain from taking any coercive action against the petitioners in connection with these cases. It had also urged the top court to provide directions to prevent alleged misuse of the provisions of the Indian Penal Code, including sections 153-A (promoting enmity between different groups on grounds of religion, race etc.) and 505 (statements intended for public mischief). , especially against media houses and journalists who exercise their constitutionally protected right of freedom of expression while reporting. The petition states that the police do not have to “decide” on the media for their reports. “The media is meant to give air to the common people’s problems, the nature and impact of administrative policy, and differing views of the world,” it said.
It alleged that the relevant provisions of the IPC relating to genuine offenses against communal harmony are currently being “reversed and misused” and used to “close any media report” on incidents having a communal, religious or political angle. being done. It states that the role of the media reflects the right of the citizen to know and ensure accountability in governance and if this routine duty is easily subverted to criminal process, democratic institutions will suffer.
“The petitioners also pray for appropriate directions to stop the use of this method of criminal process which has a chilling effect on the freedom of the media and the right of the people to inform,” it said. The plea also referred to the apex court’s May 31 order providing security to two news channels, which were booked under the sedition law.
“We are of the view that the provisions of sections 124A (sedition), 153A and 505 of the Indian Penal Code 1860 would require interpretation of the scope and parameters, particularly with reference to the right of electronic and print media to communicate news, information. and rights, even those which may be vital to the governance prevailing in any part of the country,” the apex court had said in its May 31 order.
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