SC Stays Arrest of Journalist Abhishek Upadhyay in UP FIR; Journalist Had Earlier Exposed Alleged Ram Temple Donation Irregularities
(Judicial Quest News Network)
Delhi,25, August, 2026-The Supreme Court on Tuesday granted interim protection from arrest to investigative journalist Abhishek Upadhyay, directing that no coercive action be taken against him in the existing FIR or any other FIR that may be registered against him.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice to the Uttar Pradesh government and posted the matter for September 7.
The Court also directed the Uttar Pradesh Police to provide Upadhyay with a copy of the FIR registered at Indirapuram Police Station, Ghaziabad.
The Superintendent of Police, Ghaziabad, has been ordered to file a compliance report.
The FIR, lodged on August 18, alleges that Upadhyay hit a two-wheeler, threatened its rider and used casteist abuse.
The complainant invoked provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Upadhyay has denied the allegations, describing the incident as fabricated and retaliatory. According to his petition, he was returning home after collecting his minor daughter from school when a motorcyclist allegedly stopped his car and created a commotion.
He maintains that there was no collision, physical confrontation or abusive exchange.
Senior Advocate Pradeep Rai, appearing for Upadhyay, told the Court that the journalist had previously published investigative reports concerning alleged irregularities in the Ram Mandir donation corpus at Ayodhya and the alleged purchase of agricultural land by an IAS officer said to be close to the Uttar Pradesh Chief Minister.
“For each and every investigation, there is some FIR on some fictitious reason,” Rai submitted, adding that the journalist was seeking nothing more than a fair investigation.
The petition also raises questions over the identity of the complainant, who is allegedly not the registered owner of the two-wheeler involved in the incident.
It further alleges that police personnel approached shops near the alleged place of occurrence and pressured them to delete or withhold CCTV footage.
Chief Justice Surya Kant observed that if the alleged collision and casteist abuse had occurred, the matter would require investigation.
However, he added that the legal position would be different if the account was “completely imaginary and concocted.”
Rai responded that the CCTV footage would resolve the factual dispute and requested time and “breathing space” for the journalist to pursue his legal remedies.
The order does not determine the truth of the competing claims. It nevertheless places the journalist under the immediate protection of the apex court while bringing the police investigation under judicial scrutiny.
The matter will be considered next on September 7, when the State is expected to respond and the Ghaziabad police must report compliance with the direction to supply the FIR.
