Supreme Court to hear tomorrow FIR quashing plea by journalist Abhishek Upadhyay who reported on Ram Mandir donation theft

Journalist Abhishek Upadhyay, who reported about Ram Mandir donation theft in Ayodhya, has approached the Supreme Court to quash the first information report (FIR) lodged against him in a road rage case.

He has alleged that the road rage case, which invokes provisions under the stringent, SC/ST (Prevention of Atrocities) Act, was a counter blast to target him for his investigative reports on the Ram Mandir Trust and alleged corruption in the Uttar Pradesh administration.

The matter was mentioned before a bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana which agreed to the list the matter tomorrow (August 25).

"Multiple FIRs have been filed against him and now an FIR under the stringent provisions of the SC/ST Act has also been filed. The police party raided his house on the 20th. Yesterday also, the police came at 5 o'clock. I have filed my writ petition. I request that it may be listed today or tomorrow, whatever is possible," the counsel said.

The CJI then agreed to list the matter for hearing tomorrow subject to curing of defects in the petition.

Besides Ram Mandir donation embezzlement, Upadhyay had also published an investigative report concerning an IAS officer alleged to be very close to the Chief Minister of Uttar Pradesh.

The report concerned alleged purchase of agricultural land at Bhadohi in 2023 for approximately ₹20 crore, wherein the officer was allegedly shown as having the profession of “business”.

The FIR against Upadhyay was lodged on August 18 on a complaint by a two wheeler rider who alleged that Upadhyay hit his vehicle from behind and then threatened and abused him.

He has been booked for offences under Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act.

According to Upadhyay, the allegations are false.

As per the plea, he was returning after picking up his minor daughter from school when a motorcycle-borne person came alongside the his car, stopped his car and created a commotion.

He, being accompanied by his minor daughter, did not engage in any confrontation verbal or otherwise and chose to de-escalate the situation.

"It is submitted there was no collision, physical confrontation or further incident between Petitioner and the said person," the plea states.

Upadhyay has categorically disputed the occurrence as alleged in the FIR and has alleged incident was a staged one, and the complainant was planted by the state machinery in retaliation for his reporting.

Upon learning of the allegations, Upadhyay requested his journalist colleagues to approach shops and other establishments near the alleged place of occurrence to ascertain the availability of CCTV footage.

He then learnt that police personnel had already approached certain establishments and compelled them to delete/not provide CCTV footage relating to the relevant period. 

Further, the owner of the two-wheeler is not the complainant but another person, the plea states.

"Petitioner further attempted to findout about the particulars relating to the motorcycle No. DL5SCQ 1222  and it is found that same is a TVS APACHE RTR 160 4V and not a Splendor as written in FIR,  motorcycle registration No. DL5SCQ 1222 belongs to one Hariom Saini r/o Shahdara, Delhi and not to Nikki Gautam," the plea has alleged.

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