The Supreme Court quashed a Ghaziabad Crime Branch notice seeking data linked to journalist Abhishek Upadhyay’s X account from June 1 to August 22, 2026. The order, passed on October 14 by Chief Justice Surya Kant and Justice Joymalya Bagchi, ruled that police cannot obtain personal information predating the alleged road-rage incident on August 18, 2026, which triggered the investigation, according to medianama.com.
The police had requested login and logout IP addresses, location data, device details, and contact information related to Upadhyay’s X account. The notice was issued in connection with an FIR over the alleged road-rage incident. Upadhyay, who runs the digital news platform Top Secret, denies the FIR allegations and claims the incident was staged in retaliation for his June reports alleging misappropriation of donations at the Ram Janmabhoomi Temple in Ayodhya. The court found the police explanation for needing data to trace and arrest Upadhyay contradictory to the notice’s contents.
The court emphasized that the notice sought information largely predating the alleged offence, which is impermissible. It held that no confidential or personal information can be obtained for periods before the offence date. This ruling reinforces limits on police access to digital data in investigations, particularly concerning journalists and their online activities. It highlights judicial scrutiny over law enforcement’s data requests amid ongoing debates on digital privacy and press freedom in India.
The Supreme Court’s order on October 14, 2026, sets a precedent restricting police access to personal digital data before the date of an alleged offence, impacting future cases involving digital evidence and privacy rights, according to medianama.com.