The Supreme Court on Monday agreed to hear on August 25 a plea filed by journalist Abhishek Upadhyay challenging an FIR registered against him by the Ghaziabad Police in connection with an alleged road-rage incident.
The plea was mentioned before a Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, which agreed to list the matter for hearing tomorrow, subject to removal of defects in the petition.
Upadhyay, who has reported on alleged irregularities and theft concerning donations at the Ram Temple in Ayodhya, has alleged that the FIR is a counterblast to his investigative journalism and has been lodged with the intention of harassing and intimidating him. He has sought quashing of the FIR, protection from arrest and coercive action, and, alternatively, an investigation by an agency other than the Uttar Pradesh Police, including the CBI.
The FIR was registered at Indirapuram Police Station, Ghaziabad, on August 18, following a complaint by a two-wheeler rider. The complainant allegedly claimed that a motorcycle was hit by a Baleno car near Shipra Mall, following which the driver abused and threatened him. The FIR invokes provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Upadhyay has disputed the allegations. According to his plea, he was returning after picking up his minor daughter from school when a motorcycle-borne person came alongside his vehicle, stopped the car and created a commotion. He claims that there was no collision, physical confrontation or further incident, and that he left the spot to avoid escalation as his daughter was accompanying him.
The journalist has also raised questions concerning the motorcycle mentioned in the FIR. His plea alleges that the registration number referred to in the FIR corresponds to a TVS Apache RTR 160 4V, rather than the Splendor allegedly mentioned in the complaint, and that the registered owner was not the complainant.
Upadhyay has further alleged that police personnel approached shops and establishments near the alleged place of occurrence and pressured shopkeepers to delete or withhold CCTV footage. He has sought preservation of the CCTV footage and other electronic evidence relating to the incident.
His plea also alleges that the complete FIR was not supplied to him and that a police team visited his residence on August 20, when he was away and his wife and two daughters were present. Citing apprehension of arrest and further coercive action, Upadhyay has contended that he is not in a position to safely approach the Allahabad High Court.
While seeking urgent listing, counsel told the Supreme Court that multiple FIRs had been filed against the journalist and that the latest case invoked the stringent SC/ST Act. The counsel also submitted that the police had raided Upadhyay’s house and sought urgent intervention.
The Supreme Court has now agreed to take up the plea on August 25.