New Delhi (PTI): Criminal cases should not be slapped against journalists merely because their writings are perceived as criticism of the government, the Supreme Court said on Friday.
A bench of Justices Hrishikesh Roy and S V N Bhatti said in democratic nations, the freedom to express one's views is respected and the rights of journalists are protected under Article 19(1)(a) of the Constitution.
The bench was hearing a plea filed by journalist Abhishek Upadhyay, who has sought quashing of an FIR lodged against him in Uttar Pradesh for publishing a news report on the "caste dynamics of the general administration" in the state.
"Merely because writings of a journalist are perceived as criticism of the government, criminal cases should not be slapped against the writer," the bench said.
While issuing a notice to the Uttar Pradesh government seeking its response on the plea, it said, "In the meantime, coercive steps should not be taken against the petitioner in connection with the subject article."
The bench noted in its order that the petitioner is a journalist and he published an article with a "casteist tilt" on officers deployed in responsible positions in the state.
It further noted that following the article, an FIR was registered against him.
"The counsel for the petitioner would read the contents of the FIR to say that no offence can be said to be made out by the said FIR. Yet the petitioner is being targeted and since the story was posted on X (earlier Twitter), it might result in multiple other FIRs," the bench noted in its order.
The top court posted the matter for hearing after four weeks.
In his plea, Upadhyay has alleged that registration of the FIR against him was a clear attempt to "misuse" the law enforcement machinery of the state to "silence his voice" and it should be quashed to prevent any further harassment.
The plea, filed through advocate Anoop Prakash Awasthi, claimed that after his client did a story titled 'Yadav Raj versus Thakur Raj', he was named in the FIR registered at Hazratganj police station in Lucknow on September 20.
It said the FIR was filed under Bharatiya Nyaya Sanhita (BNS) sections 353 (2) (statements conducing to public mischief), 197(1)(C) (publishing imputations or assertions prejudicial to national integration), 356(2) (punishment for defamation) and 302 (uttering words etc. with deliberate intention to wound religious feelings of a person) and under the provisions of the Information Technology (IT) Act.
The plea said the story, even when taken at its face value, did not disclose the commission of any offence.
"The reason for approaching this court is the threat of legal action by the official X handle of UP Police and the petitioner is not aware as to how many other FIRs are filed against him on the issue in the State of Uttar Pradesh or anywhere else," it said.
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Kolkata (PTI): The West Bengal health department has launched a probe into the supplies of allegedly low-quality and locally made catheters at a high price to several government hospitals, posing a risk to the lives of patients undergoing treatment in these facilities, officials said.
Such central venous catheters (CVCs) were allegedly supplied to at least five medical colleges and hospitals in the state, defying allocation of international standard-compliant CVCs, they said.
The distribution company, which has been accused of supplying these catheters to government hospitals, admitted to the fault but placed the blame on its employees.
"We started checking stocks some time back and found these locally made CVCs in my hospital store. These catheters are of low quality as compared to those allocated by the state. We have informed the state health department," a senior official of the Calcutta Medical College and Hospital told PTI.
Low-quality catheters were also found in the stores of other hospitals, which indicates "possible involvement of insiders in the scam", a health department official said.
The low-quality CVCs were supplied by a distributor in the Hatibagan area in the northern part of Kolkata for the last three to four months, he said.
"Such kinds of local CVCs are priced around Rs 1,500 but the distributor took Rs 4,177 for each device," the official said.
A CVC is a thin and flexible tube that is inserted into a vein to allow for the administration of fluids, blood, and other treatment. It's also clinically called a central line catheter.
"An initial probe revealed that the distribution company Prakash Surgical had supplied the low-quality and locally manufactured catheters to several government hospitals instead of the CVCs of the government-designated international company.
"All the units will be tested and a proper investigation is on to find out who benefited from these supplies," the health department official said.
The distribution company blamed its employees for the supply of inferior quality catheters.
"I was sick for a few months. Some employees of the organisation made this mistake. We are taking back all those units that have gone to the hospitals. It's all about misunderstanding," an official of the distribution company told PTI.
According to another state health department official, a complaint was lodged with the police in this connection.
Asked about how many patients were affected by the usage of such low-quality CVCs, the official said, "The probe would also try to find that out".
According to sources in the health department, some of the staff of the hospitals' equipment receiving departments and some local officials of international organisations might be involved in the alleged irregularities.