The Supreme Court on Monday extended its earlier order protecting senior journalist Siddharth Varadarajan and other journalists, including the consulting editor of The Wire, from coercive action in connection with sedition cases registered against them in Assam.
A bench of Justices Surya Kant and Joymalya Bagchi passed the order after senior advocate Nitya Ramakrishnan, appearing for the journalists, submitted that they had written to the Assam Police but had not received a response. Taking the submission on record, the bench adjourned the matter for further hearing.
Solicitor General Tushar Mehta, representing the Centre, sought time to file his response in the main plea challenging the constitutional validity of the sedition provision—Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023—which replaced the colonial-era law. The court granted him time to do so. The petition has been filed by retired Major General S.G. Vombatkere, a decorated Army veteran, questioning the constitutional soundness of the provision.
The FIRs against Varadarajan and the Foundation for Independent Journalism were lodged in July at police stations in Morigaon and Guwahati, invoking Section 152 of the BNS and other related provisions. The complaints relate to an article published on The Wire about “Operation Sindoor,” India’s May 2024 military operation targeting terror infrastructure in Pakistan and Pakistan-occupied Kashmir, launched in retaliation for the April 22 Pahalgam terror attack.
On August 22, the apex court had restrained Assam Police from taking coercive measures against the journalists and directed them to cooperate with the ongoing investigation. While protecting their rights, the bench had also sought a status report from the police.
Section 152 of the BNS criminalises acts “endangering sovereignty, unity and integrity of India,” including attempts to incite secession, armed rebellion, subversive activities, or separatist sentiments. It carries punishment ranging from life imprisonment to a term of seven years, along with fines.
The matter will now be heard after the Centre files its response.
