Daijiworld Media Network - New Delhi
New Delhi, Aug 25: The Supreme Court on Tuesday granted interim protection from coercive action to journalist Abhishek Upadhyay in connection with an FIR registered by the Uttar Pradesh Police over an alleged road-rage incident in Ghaziabad.
A Bench headed by Chief Justice of India (CJI) Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana issued notice to the Uttar Pradesh government and directed that no coercive action be taken against Upadhyay in the FIR already registered against him or in any such FIR that may be registered in the future.
"Meanwhile, no coercive action shall be taken against the petitioner in the FIR already registered or in such FIR that may be registered against him," the Bench ordered.
The apex court also directed the Uttar Pradesh Police to provide Upadhyay with a copy of the FIR registered at Indirapuram in Ghaziabad, enabling him to pursue appropriate legal remedies.
"Similarly, let a copy of the FIR registered at Indirapuram, Ghaziabad, be supplied to the petitioner to enable him to avail every remedy against such FIR in accordance with law," the Bench directed.
The court further directed the Commissioner of Police, Ghaziabad, to file a compliance report and posted the matter for further hearing on September 7.
During the hearing, the Supreme Court indicated that Upadhyay could approach the Allahabad High Court for appropriate relief after obtaining a copy of the FIR.
"You approach the High Court, and if you can make out a case for quashing, fine. Meanwhile we can give you interim protection," the court said.
Senior advocate Pradeep Rai, appearing for Upadhyay, submitted that the case was a "counter blast" to the journalist's investigative reporting, particularly his reports concerning alleged irregularities in the Ram Mandir Trust and alleged corruption in the Uttar Pradesh administration.
Rai said the "unpardonable sin" committed by Upadhyay was that he had exposed the alleged Ayodhya donation scam. He claimed that the allegations in the FIR were baseless and submitted that CCTV footage from the alleged place of occurrence would establish the journalist's innocence.
The lawyer also sought directions for preservation of the CCTV footage.
According to Upadhyay's plea, he was returning home after picking up his minor daughter from school when a motorcyclist allegedly came alongside his car and tried to stop him, creating a commotion.
The journalist claimed that, as he was accompanied by his minor daughter, he did not engage in any confrontation, verbal or otherwise, and instead attempted to de-escalate the situation.
Upadhyay alleged that the incident was staged and that the complainant was planted by the State machinery in retaliation for his reporting.
He further claimed that after learning about the allegations, he asked fellow journalists to approach shops and other establishments near the alleged place of occurrence to check whether CCTV footage was available.
The plea alleged that police personnel had already approached some establishments and compelled them to delete or withhold CCTV footage relating to the relevant period.
It also pointed out that the owner of the two-wheeler involved in the alleged incident was not the complainant but another person.
Upadhyay approached the Supreme Court through a criminal writ petition challenging the alleged coercive action and seeking appropriate relief in connection with the case.