The Supreme Court has quashed a Ghaziabad Crime Branch notice seeking data linked to investigative journalist Abhishek Upadhyay’s X account for the period from June 1 to August 22, 2026, ruling that the police cannot obtain personal information for a period before the alleged offence. A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi passed the order on October 14, 2026, on an application seeking to quash the notice issued in connection with an FIR over an alleged road-rage incident on August 18.
The police had sought login and logout IP addresses, location data, device details, and contact information. Upadhyay, who runs the digital news platform Top Secret, published reports in June alleging misappropriation of donations and other irregularities at the Ram Janmabhoomi Temple in Ayodhya. He has denied the allegations in the FIR and claimed that the incident was staged in response to his reporting.
What the court observed: The bench observed that the notice sought information for a period that “largely is prior to the date of the alleged road-rage incident”. The bench also questioned the Ghaziabad Commissioner of Police’s explanation that the data was needed to trace and arrest Upadhyay, finding that the explanation was “in contradiction with the contents of the notice”.
The court held that “no confidential or personal information of the petitioner can be obtained for the period before the date of offence”. Even information relating to the period after the FIR was registered could not be sought without safeguards to protect personal data and ensure proportionality.
The bench said such requests must satisfy the “principles of proportionality”, including where “alternative measures to take the investigation to a logical conclusion are found inadequate”. It noted that the police had not raised any such plea. Consequently, it quashed the August 22 notice and directed that any information obtained under it, or otherwise, “shall not be utilised against the petitioner”.
Court leaves scope for guidelines on digital data collection: The Supreme Court said Upadhyay could approach a court of competent jurisdiction in appropriate proceedings to seek mandatory guidelines for collecting personal data and providing digital information during investigations. In the meantime, the restrictions imposed in the order, including the prohibition on obtaining personal information for the period before the alleged offence and the requirement for privacy safeguards and proportionality, will continue to apply.
Anoop Prakash Awasthi, Advocate-on-Record at the Supreme Court and counsel for the petitioner, told MediaNama: “Until comprehensive guidelines are framed for seeking digital information by the police, the principles of proportionality shall continue to govern the exercise of power”.
The court’s order also provides an interim framework for police requests for digital information, with proportionality and privacy safeguards governing such requests until comprehensive guidelines are formulated, Awasthi added.
What the petition had argued: In the petition accessed by MediaNama, Upadhyay argued that the police had not explained why an alleged road-rage incident on August 18 required his X account data dating back to June 1. The petition argues that this period overlaps with his investigation into alleged theft and irregularities involving Ram Temple donations, during which he communicated with sources and collected material.
It says the request could expose confidential journalistic sources and allow authorities to reconstruct his contacts, digital associations and movements using location, device, IMEI, email, mobile and IP data. Furthermore, it argues that the notice threatens press freedom under Article 19(1)(a) and fails the necessity and proportionality tests.
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