Journalist Abhishek Upadhyay Moves Supreme Court Against Yogi Government Over Attempt to Obtain Digital Evidence from X

New Delhi: Journalist Abhishek Upadhyay has approached the Supreme Court challenging the Uttar Pradesh government led by Chief Minister Yogi Adityanath, after the Ghaziabad Crime Branch sought information from X to obtain digital evidence. The petition seeks an immediate stay on the action and its cancellation.

The fresh application was filed while Upadhyay’s earlier writ petition challenging an FIR registered by the Uttar Pradesh Police over a road-related dispute is pending before the Supreme Court. He has challenged a notice issued by the Ghaziabad Crime Branch Investigation Unit on August 22 under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Upadhyay said X’s legal team informed him on August 26 that police had sought information related to his account. Although the incident mentioned in the FIR allegedly took place on August 18, the police have sought information dating back to June 1, he said.

According to Upadhyay, this was the period during which he was gathering information for his report on the irregularities involving donations to the Ayodhya temple. He argued in his petition that if the information is disclosed, all his journalistic sources could come under the control of the state machinery.

The information sought by the police includes X login and logout IP addresses, an alternate email ID, mobile number, location information, device details, IMEI number, name, address, phone number, IP access information and account registration logs.

Upadhyay has argued that handing over these details could expose his confidential journalistic sources. He contends that the police action violates press freedom protected under Article 19(1)(a) of the Constitution.

The journalist has sought an immediate stay on the notice issued under Section 94 and its quashing by the Supreme Court.