Supreme Court to Hear Journalist's Plea Against FIR

The Supreme Court on Monday agreed to hear the plea of journalist Abhishek Upadhyay, who challenged an FIR registered against him by the Ghaziabad Police in connection with an alleged road-rage incident. The plea was mentioned before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana, which agreed to list it for hearing on Tuesday, subject to the petitioner curing defects in the plea, as reported by multiple sources.

Upadhyay, who runs a YouTube news channel, has reported on alleged irregularities in the handling of donations at Ayodhya's Ram temple and on alleged corruption in the Uttar Pradesh government. He maintains that the FIR against him is based on fabricated allegations and is an attempt to harass him for his independent journalistic work. His counsel told the court that multiple FIRs have been filed against him, including one under the stringent provisions of the SC/ST Act, and that police visited his residence on August 20 and again the previous day.

Allegations in the Plea

In the plea, Upadhyay contended that the FIR copy has not been supplied to him and that police were forcing nearby shopkeepers to delete CCTV footage from the relevant time. He has sought the quashing of the FIR, or alternatively, the transfer of the investigation to an independent agency other than the Uttar Pradesh Police. The plea mentioned that the petitioner apprehends imminent arrest and physical harm, and that he is not in a position to safely approach the Allahabad High Court. He also sought that the FIR and other FIRs filed against him be investigated by Delhi Police or the Central Bureau of Investigation.

The FIR was registered at Indirapuram police station on August 18 following a complaint by Nikki Gautam, who alleged that Upadhyay's car hit his motorcycle from behind near Shipra Mall. The complaint details include charges under various sections of the BNS, SC/ST Act, and IT Act, as reported in a single source.

Police response and the journalist's account

According to Upadhyay, October 20 around 10.30 p.m., seven to eight policemen came to his residence, intimidated his wife and minor daughters, and later towed his car. He also claimed that he was communicated via WhatsApp a link to the FIR, which was a single page without details of legal provisions. Police have denied harassment allegations, saying they went to his house to persuade him to join the investigation, a claim reported by one source.

Upadhyay challenged the Ghaziabad Police to release CCTV footage of the incident, alleging that the case was planted. He said the incident occurred on August 18 near Shipra Mall, where a motorcyclist allegedly touched his car and subsequently called the emergency helpline 112. He further claimed that the police team reached his residence late on August 20 and informed him of the case.

Context: Ram Temple donation irregularities

The Supreme Court has been examining a batch of pleas seeking an independent probe into alleged financial irregularities surrounding donations at the Ram Mandir in Ayodhya. The pleas have sought a Central Bureau Investigation into the Sri Ram Janmabhoomi Teerth Kshetra Trust, including allegations of misappropriation and missing funds. The Court has directed the constitution of a committee to examine the allegations. In his plea, Upadhyay sought quashing of the FIR or transfer of investigation, and also requested that the present and other FIRs related to his reporting be investigated by Delhi Police or the CBI.