Journalist Abhishek Upadhyay , who recently wrote about alleged theft of donations collected for Ram Mandir in Ayodhya, has filed a plea in the Supreme Court seeking quashing of FIR against him over an alleged road rage incident. He claimed that FIR under IPC and SC/ST (Prevention of Atrocities) Act was filed against him in “retaliation/revenge” for his investigation against UP government and Ram Mandir Trust.
In his plea, Upadhyay has alleged that he was targeted for his investigative reports on alleged theft of donations meant for the construction of Ram Mandir and corruption of the UP government and filing of the FIR by the police under SC/ST (Prevention of Atrocities) Act was an attempt to “blast him back”.
The plea was mentioned before a bench headed by Chief Justice of India (CJI) Surya Kant today. The bench also included Justices Joymalya Bagchi and V Mohana. The court agreed to list the matter tomorrow (August 25).
“Multiple FIRs are filed against him and now FIR under stringent provisions of SC/ST Act also filed against him. Police party raided his house on 20th. Yesterday also police came at 5 o’clock. I have filed writ petition. Please listen today or tomorrow listing. I request to list today or tomorrow whatevs is possible because police party raided yesterday,” Abhishek Upadhyay’s counsel told the court.
“Wait we will see. We will list it if there are no defects. Wait”, the bench replied.
“If Your Lordships are ready to list, then we will cure defects,” Upadhyay’s counsel assured the bench.
The bench then agreed to list the matter for hearing tomorrow subject to getting the defects in the petition cured.
Upadhyay recently published an investigative report about the alleged closeness of an IAS officer with Chief Minister Yogi Adityanath. In his report, he had alleged that the IAS officer in question purchased land worth Rs 20 crore in Bhadohi in 2023 , but in his affidavit filed for the purpose of the land purchase, he had mentioned his profession as “business”.
The FIR against journalist Abhishek Upadhyay was registered on August 18 after a two wheeler rider approached the police station complaining that he was allegedly hit from behind by Upadhyay’s vehicle. The complainant has alleged that thereafter, Upadhyay threatened and abused him.
Upadhyay has been booked under various sections of Bharatiya Nyaya Sanhita and SC/ST (Prevention of Atrocities) Act.
In his plea, he has claimed that the allegations made against him are “completely false”.
The plea states that he was driving his car after picking up his minor daughter from school when a man on a motorcycle reached near his car from behind, stopped his vehicle and tried to create a ruckus.
“As Petitioner was accompanied by his minor daughter, he chose not to get provoked either verbally or physically and attempted to cool down the situation,” the plea said.
“It is submitted there was no collision, physical confrontation or further incident between Petitioner and the said person,” it added.
Upadhyay, in his plea, has also contested the incident as claimed by the complainant in the FIR. He has alleged that the entire incident was “stage managed” and the complainant was “planted by the state machinery” in order to teach him a lesson for his journalistic activities.
He approached his fellow journalists and asked them to collect CCTV footage from the shops around the place where the alleged incident had happened. Upon speaking to them, he learnt that policemen had visited certain shops and threatened the owners to delete the CCTV footage or not cooperate.
It is further submitted that the complainant is not the owner of the two wheeler vehicle. The two wheeler belongs to someone else and the person who has filed the complainant is another person, not related to the vehicle,” the plea reads.
“Petitioner further attempted to find out 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”, it further alleged.
“The motorcycle registration No. DL5SCQ 1222 belongs to one Hariom Saini r/o Shahdara, Delhi and not to Nikki Gautam” as mentioned in the FIR”, the plea said.
