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Questions UP Police on X Account Data in Journalist's Road Rage Case
The on Monday turned its focus to the breadth of digital investigations in criminal cases, asking the to explain why it had sought account details from the social media platform in connection with a road rage case against journalist Abhishek Upadhyay. A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana directed the Commissioner to file an affidavit clarifying the nature of information sought from X and whether it was necessary for investigating the road rage FIR or any other pending case against the journalist.
The court’s intervention highlights a growing tension between law enforcement’s need for digital evidence and the , particularly when the subject is a journalist whose work may involve . The bench specifically questioned the of the police’s request, with Justice Bagchi asking, “In a road rage case, why do you need digital footsteps of the accused?”
Background of the Case
The case arises from an FIR filed on , against Upadhyay based on a complaint by a two-wheeler rider who alleged that the journalist’s vehicle hit his from behind and that he was subsequently threatened and abused. The FIR invoked provisions of the and the . Upadhyay has consistently denied the allegations, claiming the case is a retaliatory action for his investigative reports on alleged embezzlement of donations at the Ram temple in Ayodhya.
On , the granted Upadhyay in this matter, directing the police to provide him a copy of the FIR. In a subsequent application, Upadhyay challenged a notice issued by the UP Police to X seeking extensive data about his social media account, including login dates and device details, dating back to .
Court’s Discomfort with Scope of Notice
During the hearing, , appearing for Upadhyay, argued that the notice was a “” designed to uncover his journalistic sources. He contended that the information sought was far broader than what could be justified by a road rage investigation. “The investigating agencies have the impression that they must be more loyal than the king,” Rai said, calling for guidelines similar to the DK Basu for arrests to protect digital rights.
The bench appeared sympathetic to these concerns. Chief Justice Surya Kant observed, “Only thing is whatever the … going into that, what should be the limits and guidelines… suppose you are able to lay hands on confidential information, and put on record… that impacts privacy.”
Justice Bagchi pressed the state on why was needed for a simple traffic altercation, signaling the court’s unease with the of investigative powers into personal digital lives.
State’s Defense and Broader Allegations
Uttar Pradesh’s Additional Advocate General defended the notice, pointing to a Medico Legal Case report showing injuries on the complainant, which warranted investigation. He also criticized Upadhyay’s petition for making “broad and sweeping” allegations, including claims about a government engineer taking a 40% cut for temple construction. “He names the engineer. What happens to the reputation of this man? If he is talking about regulation of police, what about regulation of journalism?” the state counsel argued, adding that an had given a statement supporting the complaint.
However, the court remained focused on the digital investigation’s scope. The bench directed that the Commissioner’s affidavit must clarify whether the X notice relates to the road rage case or any other FIR registered against Upadhyay. It also ordered that the information sought from X should not be placed in the public domain.
Related Controversy: Police Raid on Ex-Delhi Mayor’s Home
Adding another layer to the case, former Delhi Mayor Farhad Suri has approached the alleging that a team raided his residence in Nizamuddin East on the night of while searching for Upadhyay. Suri claims the police initially said they were looking for a double-murder suspect, but later it emerged they were acting on the road rage FIR. He alleges that no was produced and that the were not properly informed.
Suri has sought an independent investigation into the incident and guidelines for inter-state police operations involving residential searches. The has not yet adjudicated these allegations, but they underscore the growing concerns about the police’s conduct in this matter.
Legal Implications and the Way Forward
The ’s queries in this case could set a precedent for how courts balance investigative needs with privacy rights, particularly for journalists and other professionals who rely on confidential communications. The court has effectively put the police on notice that —especially those unrelated to the core allegations—will face judicial scrutiny.
The affidavit expected from the Commissioner will be closely watched by the legal community. If the court finds that the notice was overbroad, it may lead to the development of guidelines governing police access to social media data, similar to the for arrest procedures. Such a framework would bring much-needed clarity to digital investigations, protecting individuals from unnecessary intrusion while allowing legitimate inquiries.
As the matter proceeds, Upadhyay has volunteered to cooperate with the investigation into the road rage incident, and the state has agreed to seek instructions on the scope of the X notice. The court has listed the matter for further hearing, with the police affidavit expected to shed light on whether digital footprints have become a tool for harassment rather than justice.
Conclusion
The ’s intervention in Abhishek Upadhyay’s case serves as a timely reminder that even routine criminal investigations must respect . By questioning the need for digital account data in a road rage case, the bench has signaled that privacy is not a disposable right—even when the state invokes accusations of serious misconduct. For legal professionals, this case reinforces the importance of in investigations and the need for robust in the digital age.
