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Journalist moves Supreme Court to quash FIR for story on caste dynamics in UP administration

Debayan Roy

Journalist Abhishek Upadhyay has moved Supreme Court seeking to quash a first information report (FIR) against him for a story relating to caste bias in general administration of the State of Uttar Pradesh.

The story by the journalist was published with the headline ‘Yadav Raj versus Thakur Raj (or Singh Raj)" and dealt with the caste dynamics in the administrative machinery in Uttar Pradesh.

The FIR against the petitioner was registered under Sections 353(2) [hate speech], 197(1)(C) [statement against national integration], 302 (hurting religious feelings), 356 (defamation) of Bharatiya Nyay Sanhita Act and Section 66 of the IT (amendment) Act, 2008 on a complaint by one Pankaj Kumar.

According to Upadhyay's plea moved through Advocate on Record Anoop Awasthi, the complaint which led to the FIR states that Uttar Pradesh Chief Minister is like an incarnation of God.

"Honorable Yogi Adityanath Maharaj Ji is like an incarnation of god. The Indian territory among all the Chief Ministers of various states in India, none even one come close to Maharaj Ji in terms of popularity. Maharaj Ji has the highest number of followers on the social media platform X compared to any other Chief Minister in India," the plea has quoted the complaint.

Upadhyay in his petition has stated that he also received threats of legal action from official X handle of Uttar Pradesh Police in reply to his post to acting DGP complaining of the threatening calls received by him.

"The petitioner is continuously getting threats on social media. That it is respectfully submitted that threats are continuing including arrest, bodily injury or even encounter killing in the hands of UP police in the matter," the plea has said.

The plea states that the story by the petitioner does not disclose any offence punishable under any provisions of law.

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