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The Supreme Court today has directed Ghanshyam Upadhyay to make a representation before the Union of India on his plea seeking mandatory sanction from the authorities before filing FIR against the media personnel.

The bench comprising Chief Justice SA Bobde, Justice AS Bopanna and Justice Hrishikesh Roy was hearing a petition filed by Advocate Ghanshyam Upadhyay seeking directions for guidelines to protect press, media, journalists and its people from FIR being filed against them.

The petitioner submitted that, “At present, some news channels are being targeted who expose the reasons and involvement of anti-social, anti-national persons behind the incident and several FIRS are being logged in different States to snub their voice to prevent them from awaking the citizens from such nefarious and dangerous activities of such elements.

The petitioner further submitted that no provision has been enacted to protect the freedom of press from frivolous and malicious prosecution and there is a complete vacuum on this subject.

The petitioner had sought protection from FIRs against Media for the offenses punishable under sections 295A, 153, 153A, 153 B, 298, 500, 504, 505(2), 506 (2) r/w Section 120-B of I.P.C. and other similar provisions in other statutes. He further sought directions that  filing of FIR was permissible only if it is sanctioned by the Press Council of India or any other Judicial authority as suited by the Court.

-India Legal Bureau

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