SC Protects Journalist from Arrest in Assam FIR over ‘Operation Sindoor’ Article, to Examine Validity of BNS Section 152

The Supreme Court on Tuesday restrained the Assam Police from taking any coercive action against senior journalist Siddharth Varadarajan in connection with an FIR over an article published in The Wire on Operation Sindoor.

A bench of Justices Surya Kant and Joymalya Bagchi also issued notice on a public interest litigation filed by the Foundation for Independent Journalism (FIJ) — the non-profit that runs The Wire — challenging the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita (BNS).

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Section 152 criminalises any act “endangering the sovereignty, unity and integrity of India” and prescribes punishment ranging from life imprisonment to a seven-year term, along with a fine, for anyone who incites secession, armed rebellion, subversive activities, or separatist feelings through speech, writing, signs, electronic communication, or financial means.

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The court directed both Varadarajan and FIJ members to cooperate with the ongoing investigation. The matter was tagged with a similar pending plea on which notice had been issued on August 8.

The FIR was lodged after The Wire carried an article detailing Operation Sindoor — a reported Indian military operation in May targeting terror infrastructure in Pakistan and Pakistan-occupied Kashmir, undertaken in retaliation for the April 22 Pahalgam terror attack.

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The Supreme Court’s intervention comes amid growing debate over the scope and potential misuse of Section 152 BNS, a provision seen by critics as overly broad and susceptible to curbing free speech.

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