The Supreme Court on Tuesday granted interim protection from arrest to journalist Abhishek Upadhyay, who has alleged that he was falsely implicated under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by Ghaziabad Police following a road-rage incident.
Upadhyay claimed that the case was filed against him in retaliation for exposing alleged financial irregularities involving donations made by devotees to the Ram Temple in Ayodhya.
Appearing for Upadhyay, senior advocate Pradeep Rai told a bench headed by Chief Justice of India Surya Kant that his client was a whistleblower who had first reported the alleged misappropriation of funds donated by devotees at the Ayodhya temple.
Rai alleged that the Uttar Pradesh Police was acting vindictively and urged the court to transfer the investigation into the road-rage case, including the allegations under the SC/ST Act, to an independent agency such as the CBI or Delhi Police.
The lawyer also told the court that police had not provided Upadhyay with a copy of the FIR or CCTV footage related to the alleged accident involving his vehicle and a two-wheeler. Upadhyay has been accused of using caste-based slurs against the rider following the incident.
The Supreme Court issued notice to the Ghaziabad Police and directed that no coercive action be taken against Upadhyay in connection with the FIR registered at Indirapuram police station or any subsequent FIR arising from the same allegations.
The bench also directed the police to provide Upadhyay with a copy of the FIR so that he could pursue appropriate legal remedies.
The court said that once the petitioner receives a copy of the FIR, he would be free to approach the jurisdictional High Court for any further relief.
The order provides Upadhyay temporary protection from arrest while the legal proceedings and the allegations against him are examined.
