New Delhi, 25 August—In a mov to defend the freedom of expression, a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana today issued notice to the Uttar Pradesh government and directed that a copy of FIR lodged at Indirapuram in Ghaziabad be provided to Abhishek Upadhyay. It also sought a compliance affidavit by the police.
Upadhyay had approached the SC seeking protection as the Yogi government was trying to frame the journalist with a view to harass him for pursuing fearless investigative reporting.
The top court asked Upadhyay to approach the Allahabad High Court for quashing of the FIR and posted the matter for hearing on September 7.
In the plea, Upadhyay contended that the FIR copy had not been supplied to him and that police were forcing nearby shopkeepers to delete the CCTV visuals of the relevant time.
Upadhyay had sought quashing of the FIR or, in the alternative, that investigation be transferred to an independent agency other than the Uttar Pradesh Police. He claimed that the FIR was planted in connection with his reporting on alleged corruption in Uttar Pradesh.
In the petition, Upadhyay has also alleged that the FIR is based on false and concocted allegations and is an attempt to harass him for his independent investigative journalism. He has sought protection from arrest and other coercive action.
Senior Advocate Pradeep Rai, appearing for the petitioner, submitted that the “unpardonable sin” committed by the petitioner was that he exposed the Ayodhya donation scam. Rai added that the petitioner has exposed other scams as well. He submitted that the investigation must be entrusted to an independent agency to ensure an impartial probe. He contended that the full copy of the FIR has not been supplied to the petitioner, reported Live Law.
“We appreciate your imminent apprehension because of repeated FIRs, we don’t know about the truth but we understand your apprehension. You approach the High Court, and if you can make out a case for quashing, fine. Meanwhile we can give you interim protection,” CJI Surya Kant said.
The FIR was registered at Indirapuram police station on August 18. According to the complaint, a motorcycle ridden by one person was allegedly hit by a Baleno car near Shipra Mall. The complainant alleged that the driver abused and threatened him after the incident and named Upadhyay in connection with the car.
Upadhyay has denied the allegations. He says that on August 18, while returning from his daughter’s school, a motorcycle-borne person approached his car near Shipra Mall and created a commotion. He claims there was no collision or physical confrontation and that he left the spot without engaging in a fight as his daughter was with him.
He has contended that there is a discrepancy in the registered number of the bike referred to in the complaint. Though the FIR refers to a Splendor bike, the number mentioned belongs to another bike
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