SC Grants 4-Week Interim Protection To Journalist Abhisar Sharma In FIR Lodged In Assam

The Supreme Court on Thursday granted journalist Abhisar Sharma interim protection from arrest for 4 weeks in connection with an FIR filed against him in Assam over a video post allegedly criticising the state government’s policies.

A bench comprising Justices M M Sundresh and N Kotiswar Singh provided temporary relief to Sharma and directed him to approach the Gauhati High Court for seeking quashing of the FIR. The apex court clarified that the protection would remain in force for four weeks, giving Sharma time to seek appropriate legal remedies.

Challenge To Section 152 Of BNS

While granting the interim protection, the Supreme Court also issued a notice to the Centre to respond to Sharma’s plea challenging the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita (BNS).

This section deals with “acts endangering the sovereignty, unity and integrity of India.” Sharma’s petition argued that the provision is vague and open to misuse, thereby posing a threat to the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.

Details Of The FIR

According to the plea, the FIR was registered based on a complaint filed by a private individual. The complaint objected to a video uploaded on Sharma’s YouTube channel, where the journalist questioned the government’s decision to allot 3,000 bighas of tribal land to a private entity. The video allegedly criticised the state government’s land policies, which the complainant claimed were inflammatory and detrimental to public order.

Petitioner’s Argument

The petition, filed through advocate Sumeer Sodhi, stated that Sharma’s video post was a legitimate exercise of journalistic duty and fell squarely within the ambit of free speech. It argued that the FIR was politically motivated and intended to silence critical voices in the media.

The plea further highlighted that invoking Section 152 of the BNS in such cases could set a dangerous precedent, criminalising fair criticism of government policies.

The court has sought a response from the Union Government regarding the validity of Section 152 and posted the matter for further hearing. Until then, Sharma remains protected from arrest, but the final outcome will depend on both the High Court’s decision on the FIR and the apex court’s ruling on the constitutional challenge.

(Inputs By Sambhav Sharma)

Read More: Supreme Court, Delhi High Court, States High Court, International