Supreme Court grants interim protection to journalist Abhishek Upadhyay in road rage FIR

The Supreme Court on Tuesday ordered the Uttar Pradesh Police to refrain from taking any coercive action against Abhishek Upadhyay, an independent journalist, in connection with an FIR lodged in a road rage incident. The court also directed the Ghaziabad Police Commissioner to provide Mr. Upadhyay with copies of the FIR and CCTV footage, and to file a compliance report by the next hearing on September 7.

A three-judge Bench headed by Chief Justice of India Surya Kant passed the interim order after hearing a plea by Mr. Upadhyay, who had approached the court seeking protection from arrest and harassment. The journalist had earlier flagged alleged irregularities in the utilisation of donations collected for the Ram Temple in Ayodhya.

Senior advocate Pradeep Rai, representing Mr. Upadhyay, submitted that his client had committed the “unpardonable sin of exposing the Ram Mandir donation issue” and was now facing a fabricated case. He said the police had not even supplied a copy of the FIR or the CCTV footage, which were essential for the journalist to defend himself in court. “I do not want any other relief other than a fair investigation,” Mr. Rai added.

The court, while granting interim protection, said the order would also cover any other FIRs filed against Mr. Upadhyay in the interim period. “We can protect you for the time being. Meanwhile, he can approach the jurisdictional High Court. We appreciate that you have an imminent apprehension of repetitive FIRs against you,” Chief Justice Kant observed.

The case stems from an allegation that Mr. Upadhyay’s SUV hit a two-wheeler, following which he allegedly shouted caste-based abuses at the scooterist. The court noted that if the allegation is true, it would constitute an offence. “If it is a concocted story, you need breathing space and time to make out a case,” the Chief Justice said.

Mr. Upadhyay’s counsel had earlier mentioned the matter orally on August 24, stating that the police were also accusing his client of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The journalist has denied the allegations, claiming the FIR was lodged on concocted grounds to harass him for his independent journalistic work. He also alleged that police were pressuring nearby shopkeepers to delete CCTV visuals from the relevant time.

The Supreme Court’s intervention provides temporary relief to Mr. Upadhyay, who continues to maintain that the case against him is an attempt to stifle dissent. The matter will be heard next on September 7.