Ghaziabad: Journalist Abhishek Upadhyay has moved Supreme Court seeking protection from arrest and quashing of an FIR filed against him for an alleged road rage incident that he claims was fabricated to harass and intimidate him.He has invoked Article 32 of the Constitution, which allows Indians to directly move Supreme Court to safeguard their fundamental rights, saying he is apprehensive about being arrested and tortured by UP Police.The counsel for Upadhyay, who runs a YouTube channel called ‘Top Secret’, said the direct approach was necessitated by an “imminent apprehension of arrest and coercive action” by police and alleged threats from “state-sponsored private elements”.“In view of the sequence, the petitioner is not in a position to safely approach the Allahabad high court as he apprehends that he may be arrested or subjected to physical harm by planted goons of the state machinery,” Anoop Prakash Awasthi said. He added that Upadhyay was ready to join the investigation and cooperate with police in accordance with law.The FIR against the journalist, registered at Indirapuram police station on Aug 18, followed a complaint by Nikki Gautam. According to the complaint, Upadhyay’s Baleno hit Gautam’s Splendor from behind near Shipra Mall. Gautam alleged Upadhyay abused him, threatened to kill him and made caste-related remarks after learning his name. The FIR invoked BNS sections 281 (rash driving or riding on a public way), 351(2) (criminal intimidation), 352 (intentional insult with intent to provoke breach of peace), 115(2) (voluntarily causing hurt), and 118(1) (voluntarily causing hurt or grievous hurt by dangerous weapons or means), besides sections 3, 2 and 5 of the SC/ST Act and Section 66D of the IT Act (cheating by personation using a computer resource or communication device).Contesting the charges, Upadhyay has sought a verification by CBI or Delhi Police.In his petition, he alleged that around 10.30pm on Aug 20, seven to eight policemen went to his house while he was away, intimidated his wife and two minor daughters and later towed his car. Upadhyay said police initially refused to provide the FIR details, and sent him an incomplete document on WhatsApp around 2.45am when he pressed them for one.Upadhyay reported on the Ram temple donation theft in July this year. But he claimed that his temple report was not the sole reason for his harassment. He also cited another report on a Rs 20-crore agricultural land transaction in Bhadohi involving an IAS officer. “I fear that as I enter UP, they will arrest me and put me behind bars,” said Upadhyay, who has not returned home since police searched it.Police have denied allegations of harassment, saying cops went to his house to persuade him to join the investigation.
