Journalist Abhishek Upadhyay on Tuesday moved the Supreme Court challenging the Ghaziabad Police's attempt to obtain his digital footprint from X (formerly Twitter), arguing that the disclosure could expose his journalistic sources to the state machinery.
Upadhyay's counsel, Anoop Prakash Awasthi, told a bench led by Chief Justice of India Surya Kant that the police's request to X's headquarters in California for all digital details since June 1, 2026, would result in a gross violation of his right to privacy. Awasthi noted that the alleged road rage incident for which the police are investigating occurred on August 18, 2026, and that the information sought had nothing to do with that case.
"My Lord was pleased to protect me. IO has sought all digital details since June 1, 2026 up till date, though the road rage incident was on August 18, 2026. That is the week (first week of June 2026) when I collected data to expose Ram Mandir theft. If that is disclosed, the entire source would be at the mercy of the State," Awasthi submitted.
Awasthi also told the bench that on August 26, he was informed by X at its California headquarters that the Criminal Investigation Department of Ghaziabad Police had requested Upadhyay's entire digital footprint from June 1, 2026.
In his application, Upadhyay said, "No nexus between such sweeping historical digital information and the investigation of the alleged incident has been disclosed in the impugned notice."
The bench, which had earlier granted protection from coercive action to Upadhyay, said it would examine the application. "We will see. What is the problem? We have already protected you. Let them (Ghaziabad Police) investigate," the Chief Justice said.
Background of the FIR
Upadhyay, who runs a YouTube channel, alleged that a police team reached his residence late on August 20 and told him that a case had been registered at Indirapuram Police Station following allegations of road rage and abusive behaviour. He alleged that the FIR was based on concocted allegations and was an attempt to harass him for his independent journalistic work.
According to Upadhyay, the alleged incident took place on August 18 near Shipra Mall in Ghaziabad, when a motorcyclist allegedly touched his car. The motorcyclist subsequently called the police emergency helpline 112, and an FIR was registered later.
Upadhyay had previously moved the Supreme Court challenging the FIR, apprehending imminent arrest. He contended that the FIR copy had not been supplied to him and that the police were forcing nearby shopkeepers to delete CCTV visuals of the relevant time. He sought quashing of the FIR or, in the alternative, transfer of the investigation to an independent agency other than the Uttar Pradesh Police, such as the Delhi Police or the CBI.
On August 25, the Supreme Court granted him protection from coercive action, directing that no coercive action shall be taken against him in the FIR already registered or in such FIRs that may be registered against him. The court also issued notice to the Uttar Pradesh Government asking it to respond to his petition seeking quashing of the FIR and asked him to approach the Allahabad High Court for that purpose, posting the matter for hearing on September 7.
Journalist's prior reporting
Upadhyay submitted that he had previously reported on alleged irregularities in handling of donations to the Ram temple in Ayodhya and alleged corruption in the Uttar Pradesh Government. He claimed the FIR was planted in connection with his reporting on alleged corruption in the state.