1 week ago
Supreme Court Protects Journalist in Ghaziabad Road-Rage Case
The Supreme Court temporarily said journalist Abhishek Upadhyay cannot be arrested in this case.
The case concerns an alleged road-rage incident in Ghaziabad.
Upadhyay says a motorcyclist approached his car but that there was no collision or confrontation.
He says the case was filed to pressure him because of his reports about alleged problems with donations at the Ram temple in Ayodhya.
His lawyer asked police to preserve CCTV footage that might support Upadhyay’s account.
The court ordered police to give him a copy of the FIR.
It also protected him from any new FIR by Uttar Pradesh Police for now.
The court said he could approach the Allahabad High Court to seek cancellation of the FIR.
The Supreme Court will hear the matter again on September 7.
The Supreme Court granted journalist Abhishek Upadhyay interim protection from arrest and other coercive action.
The protection also covers any fresh FIR registered against Upadhyay by Uttar Pradesh Police.
Police must provide him the Indirapuram FIR, while the Ghaziabad police commissioner must submit a compliance report.
Upadhyay denies any collision or confrontation and alleges the case retaliated against his reporting on Ram temple donation irregularities.
A government SIT reported preliminary evidence of nearly 70 alleged donation-theft instances and cited weak monitoring and supervision.
- Who
- Journalist Abhishek Upadhyay, Uttar Pradesh Police, and a Supreme Court bench headed by Chief Justice Surya Kant.
- What
- The Supreme Court granted Upadhyay interim protection from arrest and directed police to provide him with the FIR.
- Where
- The alleged incident occurred near Shipra Mall in Ghaziabad, and the FIR was registered at Indirapuram police station.
- When
- The FIR was registered on August 18, and the Supreme Court issued its order on August 25; the articles differ on whether the order was issued Monday or Tuesday. The next hearing is scheduled for September 7.
- Why
- Upadhyay challenged the FIR, calling the road-rage allegations baseless and alleging retaliation for his reporting on alleged corruption and Ram temple donation irregularities.
Upadhyay’s Account
Police Case
What happened on the road
Upadhyay’s Account
Upadhyay says a motorcyclist approached his car while he was returning from his daughter’s school, but that there was no collision or confrontation. His lawyer says CCTV footage would support this account.
Police Case
Uttar Pradesh Police registered an FIR concerning an alleged road-rage incident in Ghaziabad. The articles do not provide a detailed police response to Upadhyay’s denial.
Reason for the case
Upadhyay’s Account
Upadhyay and his lawyer allege that the case was fabricated or filed to harass him because of his reporting on alleged corruption and irregularities in Ram temple donations.
Police Case
The police case is presented in the articles as an alleged road-rage matter involving provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Donation-counting allegations
Upadhyay’s Account
Upadhyay’s reporting and his lawyer’s submissions alleged that personnel involved in counting Ram temple offerings siphoned off cash donated by devotees.
Police Case
A government-appointed SIT is investigating the allegations. Its preliminary findings cited nearly 70 alleged theft instances and lapses involving frisking, CCTV monitoring, supervision, the temple trust and the State Bank of India.
Key facts
- Journalist
- Abhishek Upadhyay
- FIR
- Registered on August 18 at Indirapuram police station in Ghaziabad over an alleged road-rage incident
- Legal provisions
- The articles say the FIR invokes provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Court protection
- No coercive action against Upadhyay in the existing FIR or any fresh FIR registered by Uttar Pradesh Police
- Court directions
- Police must provide Upadhyay with the FIR, and the Ghaziabad police commissioner must file a compliance report.
- Next hearing
- September 7
- SIT findings
- Preliminary evidence of nearly 70 alleged theft instances involving six accused between April 27 and June 5, along with inadequate frisking, CCTV monitoring and supervision.
- Trust developments
- The Shri Ram Janmabhoomi Teerth Kshetra Trust accepted the resignations of general secretary Champat Rai and trustee Anil Mishra in July.
Quotes
Supreme Court Bench
The Supreme Court Bench headed by Chief Justice of India Surya Kant.
“…no coercive action shall be taken against the petitioner in the FIR already registered or in such FIR that may be registered against him.”
thestatesman.com
“You approach the High Court, and if you can make out a case for quashing, fine. Meanwhile we can give you interim protection.”
thestatesman.com
Sources
SC stays arrest of journalist who reported on alleged theft of Ram temple donations
Supreme Court grants interim protection to journalist Abhishek Upadhyay who reported on Ram Mandir donation ‘theft’
SC protects journalist who exposed Ayodhya Ram temple donation row from arrest
SC Stays Arrest Of Journalist Abhishek Upadhyay, Who Exposed Ram Temple Donation Irregularities
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