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‘Sedition’ Case: Supreme Court docket Protects The Wire, its Founding Editor from ‘Coercive Motion’ by Assam Police

The Supreme Court docket on Tuesday (August 12) handed an order defending members of the Basis for Unbiased Journalism, the belief that owns The Wire, in addition to the information organisation’s founding editor, Siddharth Varadarajan, towards any coercive motion in reference to an FIR registered by the Assam Police underneath Part 152 of the Bharatiya Nyaya Sanhita (BNS).

The FIR was registered by the Morigaon police in Assam on July 11 primarily based on a criticism by an area BJP chief with respect to an article on the web site, ‘IAF Misplaced Fighter Jets to Pak Due to Political Management’s Constraints’: Indian Defence Attache’, revealed on June 28, 2025. The article handled an announcement made by India’s defence attache to Indonesia, Captain (Indian Navy) Shiv Kumar, who acknowledged at a seminar in Indonesia that the Indian Air Pressure misplaced fighter jets to Pakistan on the evening of Might 7, 2025, throughout Operation Sindoor, due to the “constraint given by the political management to not assault the army institution or their air defences”.

The story was extensively reported by the media in India and led the Indian embassy in Jakarta to challenge a ‘clarification’ the identical night stating that Captain Kumar’s feedback had been being taken out of context. The Wire’s report was promptly up to date to incorporate the embassy’s assertion.

A bench comprising Justice Surya Kant and Justice Joymalya Bagchi handed an interim order in a writ petition filed by the Basis and Varadarajan, who challenged the constitutionality of Part 152 BNS, contending that it’s a repackaged model of the colonial-era sedition regulation whose use within the erstwhile Indian Penal Code had been stayed by the apex courtroom in 2023:

“In the meantime, the members of the petitioner – Basis in addition to petitioner No.2 towards whom FIR No.181/2025, has been registered on 11.07.2025, at PS Morigaon, Assam, underneath Sections 152, 197(1)(d) and 353(1)(b) of the Bharatiya Nyaya Sanhita, 2023, might be a part of the investigation as and when required, nonetheless, no coercive motion shall be taken towards them.”

The bench additionally issued discover to the Union authorities and the Assam authorities, represented in courtroom by solicitor common Tushar Mehta, whereas tagging it with one other petition, at present earlier than a bench headed by the Chief Justice of India, that has questioned the constitutional validity of Part 152.

Senior advocate Nitya Ramakrishnan, representing the petitioners, argued that the impugned BNS, although worded otherwise and avoiding the time period ‘sedition’, was “in essence” the colonial sedition provision of IPC Part 124A.

The bench then requested if potential for abuse alone generally is a floor to strike down a provision. “Is the potentiality of abuse a floor to declare a regulation unconstitutional? Present us an authority on that. There’s distinction between implementation and energy to legislate,” Justice Bagchi noticed, as quoted by LiveLaw.

Ramakrishnan then submitted that the provisions underneath Part 152 had been imprecise, broadly-worded and created a “chilling impact” on freedom of expression, significantly affecting the precise of the media to report and lift questions of the federal government.

Justice Bagchi agreed that the vagueness of the regulation was a legitimate floor to problem it. In the meantime, the bench additionally brushed apart SG Mehta’s argument that the media shouldn’t be handled as a separate class.

“That’s not what’s being sought. It’s about balancing elementary proper to free speech with safety of public order,” Justice Bagchi mentioned.

Justice Kant noticed that when the offence is with respect to articles revealed by a information outlet, custodial interrogation might not be vital. “Mainly these are issues the place you don’t require custodial interrogation,” he mentioned.

The article in query, because the counsel submitted in courtroom, was a factual report of a seminar in Indonesia and carried the statements made by India’s defence personnel. It additionally carried the Indian Embassy’s response to the feedback.

On Might 9, The Wire’s web site was quickly blocked for practically 12-15 hours in India on authorities orders following the publication of an article relating to Rafale jets in Operation Sindoor. The web site was restored later. A number of different information organisations had additionally confronted comparable blockades of their social media handles or web sites.

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Assam Police Invoke Sedition Legislation in Second Case In opposition to The Wire, Naming Varadarajan, Karan Thapar

On August 12, 2025 – the day the Supreme Court docket issued discover on The Wire’s petition difficult the constitutionality of the brand new sedition regulation and guarded its journalists, together with founding editor Siddharth Varadarajan from any “coercive motion” by Assam Police in a case filed in Morigaon in July – the Guwahati Crime Department summoned Varadarajan and senior journalist Karan Thapar in a contemporary ‘sedition’ FIR filed by the state police.

The summons for Varadarajan, issued by police inspector Soumarjyoti Ray underneath part S.35(3), BNSS, referred to an FIR (03/2025) registered on the Crime Department, Panbazar, Guwahati, underneath sections 152, 196, 197(1)(D)/3(6), 353, 45 and 61.

Nevertheless, the FIR date was not talked about, no particulars of the alleged offence had been offered and a duplicate of the FIR was not included – because the police are legally obliged to do whereas serving a summons underneath this part of the BNSS.

The summons was acquired at The Wire’s workplace right here on August 14.

At this time (August 18), an similar summons was acquired within the identify of Thapar, for a similar FIR.

Claiming that “it’s revealed that there are cheap grounds to query you to determine the information and circumstances from you, in relation to the current investigation,” each Varadarajan and Thapar have been directed to seem on the Crime Department workplace in Panbazaar, Guwahati on Friday, August 22. “Failure to attend/ adjust to the phrases of this Discover can render you responsible for arrest”, the summons provides.

Whereas the FIR registered towards Varadarajan in Morigaon on July 11, 2025, pertains to a criticism filed by a BJP officeholder over a narrative revealed in The Wire on June 28, 2025 (IAF Misplaced Fighter Jets to Pak Due to Political Management’s Constraints’: Indian Defence Attache), it isn’t obvious what article or video the Crime Department FIR pertains to.

Even within the Morigaon case, as The Wire’s counsel Nitya Ramakrishan knowledgeable the Supreme Court docket, the FIR was saved a secret and it was solely via well-placed sources that it turned attainable to be taught of the criticism, the date of the FIR, and the felony sections invoked.

It was on this foundation that The Wire approached the courtroom to problem the vires of Part 152 of BNS and the bench of Justice Surya Kant and Justice Joymalya Bagchi issued discover.

Part 152 of BNS (‘Acts endangering sovereignty, unity and integrity of India’) is the rebranded model of India’s earlier sedition provision (Part 124A of the Indian Penal Code, Part) that the apex courtroom stayed in 2022.

Varadarajan and Thapar have responded to the summons by drawing consideration to the requirement – laid down by the Supreme Court docket – for FIRs to be made public and copies given to the accused. They’ve additionally famous a Karnataka excessive courtroom judgment which says {that a} police summons with out a copy of the FIR accompanying it’s invalid.

The Wire’s authorized representatives in Guwahati say there isn’t a hint of the FIR within the Justice of the Peace’s courtroom.

Reporters in Assam have additionally did not get the police in Guwahati to supply any particulars concerning the new case.

Of their response to the summons, each Varadarajan and Thapar have mentioned they’re prepared and prepared to cooperate with any investigation, however the preconditions laid down by India’s constitutional courts need to be fulfilled in any case. Please be aware, their reply says, that they “can’t be conceivably summoned and anticipated to reply questions on a matter, to determine the “information and circumstances in relation to the current investigation”, with out being provided with the contents of the FIR to which your investigation pertains.”

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Journalism ‘Can’t be Arbitrarily Penalised Underneath Sedition Legal guidelines’: Indian Journalists’ Union Hails Supreme Court docket’s Interim Safety of The Wire

16/Aug/2025: The Indian Journalists Union has welcomed the Supreme Court docket’s interim safety granted to The Wire and its founding editor Siddharth Varadarajan, restraining the Assam Police from taking coercive motion in a case linked to an article on Operation Sindoor revealed by The Wire.

The Supreme Court docket on August 12 handed its order defending members of the Basis for Unbiased Journalism, the belief that owns The Wire, in addition to Varadarajan, from the FIR registered by the Assam Police underneath Part 152 of the Bharatiya Nyaya Sanhita (BNS).

The FIR was registered by the Morigaon police in Assam on July 11 primarily based on a criticism by an area BJP chief on an article on the web site, ‘IAF Misplaced Fighter Jets to Pak Due to Political Management’s Constraints’: Indian Defence Attache’, revealed on June 28, 2025. It was on the assertion made by India’s defence attache to Indonesia, Captain (Indian Navy) Shiv Kumar, who acknowledged at a seminar in Indonesia that the Indian Air Pressure misplaced fighter jets to Pakistan on the evening of Might 7, 2025, throughout Operation Sindoor, due to the “constraint given by the political management to not assault the army institution or their air defences”.

The IJU has referred to as this “a big step in upholding journalistic freedom.”

“Moreover, the Supreme Court docket’s statement on August 12, 2025, {that a} journalist’s article or video doesn’t, prima facie, represent an offense underneath Part 152 of the Bharatiya Nyaya Sanhita (BNS) endangering the unity and integrity of the nation, reinforces the constitutional safety of free speech and the press,” it mentioned.

The journalists’ physique mentioned that the choice “emphatically upholds the precept that journalistic work, together with essential reporting, can’t be arbitrarily penalized underneath sedition legal guidelines or comparable provisions.”

“The IJU views this as a victory for democracy and a reaffirmation of the judiciary’s position in defending the fourth property from misuse of authorized provisions to suppress dissent or essential voices,” it mentioned.

In an announcement, IJU president and former member of the Press Council of India, Geetartha Pathak, acknowledged, “The Supreme Court docket’s ruling is a beacon of hope for journalists throughout India who face rising threats and authorized intimidation for merely doing their job. By clarifying that journalistic work doesn’t inherently entice prices of sedition, the Court docket has strengthened the democratic material of our nation. We urge authorities to respect this precedent and be sure that journalists should not harassed via the misuse of legal guidelines.”

Sabina Inderjit, IJU’s secretary common and vice-president of the Worldwide Federation of Journalists, was quoted in it as having mentioned, “This choice sends a robust message globally that India’s judiciary stands agency in defending press freedom. Journalists play a significant position in holding energy to account, and the Supreme Court docket’s statement ensures that they will carry out their duties with out worry of retribution. We stand in solidarity with all journalists dealing with authorized challenges and name for an finish to the weaponisation of legal guidelines towards the media.”

The IJU counseled the Supreme Court docket “for its progressive stance and [urged] the federal government and regulation enforcement companies to respect the ideas of free speech and press freedom enshrined within the Structure.”

It mentioned that it remained dedicated to advocating for an surroundings the place journalists can work fearlessly to uphold reality and accountability.

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‘Vindictive’: Journalists’ Organisations Converse In opposition to Assam Police’s Actions In opposition to The Wire

19/Aug/2025: Journalists’ organisations have expressed “dismay on the vindictive actions unleashed by Assam Police” towards The Wire and its journalists, in invoking Part 152 of the Bharatiya Nyaya Sanhita towards the information platform for the second time in two months.

On August 12, the Supreme Court docket had issued discover on The Wire’s petition difficult the constitutionality of the brand new sedition regulation and guarded its journalists, together with founding editor Siddharth Varadarajan, from any “coercive motion” by Assam Police in a case filed in Morigaon in July. On the identical day, the Guwahati Crime Department summoned Varadarajan and senior journalist Karan Thapar in a contemporary ‘sedition’ FIR filed by the state police. No particulars got to The Wire.

“It’s noteworthy that the summons had been issued on August 12, 2025, even because the Supreme Court docket bench of Justice Surya Kant and Justice Joymalya Bagchi had granted Varadarajan and all journalists at The Wire safety from any coercive motion in an FIR (0181/2025) filed by the Assam Police in Morigaon on July 11, 2025 underneath Part 152 and different provisions of the BNS,” an announcement by The Press Membership of India and the Indian Girls Press Corps mentioned.

“Now, the Assam Police have filed one other FIR with out mentioning any purpose and have requested Varadarajan and Thapar to seem earlier than the investigating officer on the Crime Department in Guwahati on August 22 – on ache of arrest within the occasion of non-compliance,” the 2 organisations added.

“It’s price recalling that in Might 2022, the Supreme Court docket had ordered the suspension of proceedings and felony prosecutions for sedition underneath part 124A of the erstwhile Indian Penal Code. Part 152 of BNS is a repackaged model of Part 124A. In its writ petition final week, The Wire has additionally challenged the vires of Part 152, BNS and the apex courtroom issued discover to the Assam authorities and others,” it mentioned.

The assertion is signed by Gautam Lahiri, president of the Press Membership of India, Neeraj Thakur, secretary common of the Press Membership of India, Sujata Raghaban, president of the Indian Girls Press Corps, and Aditi Bahl, secretary of the Indian Girls Press Corps.

They write:

“Whereas we welcome the aid given by Supreme Court docket to The Wire and Varadarajan final week, the registration of a brand new case towards him and Karan Thapar makes it obvious that Part 152 has grow to be a instrument with which to focus on the media in India.

“The undersigned media organisations demand the quick withdrawal of those instances towards The Wire’s journalists, in addition to the withdrawal of the draconian Part 152 of BNS, which threatens freedom of expression as enshrined in Article 19(1)a of Indian Structure. As may be seen from the actions of the Assam Police, Part 152 of BNS has been weaponised to sit back the press into silence.”

‘Try and flatten what stays as one of many previous few bastions of journalistic ethos’

The Centre for Monetary Accountability has issued an announcement in solidarity with The Wire and its members, calling the targetting with a second FIR by Assam Police “deeply disturbing”.

In an announcement, the organistation wrote, “The concentrating on of @svaradarajan, Karan Thapar & @thewire_in by the regime is yet one more try and flatten what stays as one of many previous few bastions of journalistic ethos and editorial braveness in India. Within the context of a complete media ecosystem of lies, platitudes, misinformation, hate and jingoism, The Wire stands out for giving area to essential and public curiosity reportage that holds energy to account. The truth that the Assam Police is concentrating on them with sedition regardless of Supreme Court docket’s safety from arrest in one other comparable case is deeply disturbing.”

“We be aware with concern the utter disregard for due course of because the copy of the FIR, and outline of the alleged offence has not been offered to @svaradarajan and Karan Thapar. The concentrating on of the 2 journalists is an assault on all establishments and civic areas upholding free expression. We salute the braveness and resolve of The Wire and its journalists for remaining steadfast to journalistic ethics within the face of repeated assaults. We right here on the Centre for Monetary Accountability are each proud and grateful for our lengthy affiliation with The Wire and we stand agency in our solidarity with the 2 journalists,” it acknowledged.

‘Persevering with makes an attempt to intimidate and harass journalists via misuse of felony regulation’

The Chennai Press Membership has additionally strongly strongly condemned the Assam Police for what it described as “their persevering with makes an attempt to intimidate and harass journalists via the misuse of felony regulation.”

“The submitting of FIRs and summons towards senior journalists Siddharth Varadarajan and Karan Thapar of The Wire, together with the contemporary case underneath Part 152 of the Bharatiya Nyaya Sanhita (BNS), is a deliberate act of intimidation geared toward silencing essential voices,” mentioned the Chennai Press Membership in its assertion.

“We be aware with grave concern that these actions come regardless of the Supreme Court docket’s latest safety towards coercive measures in associated issues, and amid the Court docket’s ongoing scrutiny of Part 152 of BNS itself. India’s constitutional promise of free speech isn’t contingent on the consolation of these in energy, journalism that interrogates official narratives is a democratic necessity, not a felony enterprise,” added the assertion.

The assertion mentioned that the indiscriminate use of sweeping penal provisions towards reportage, interviews, and commentary violates the spirit of Article 19(1)(a) and the requirements laid down by the Supreme Court docket, which require a proximate hyperlink to incitement of violence or public dysfunction earlier than speech may be criminalised.

“Resorting to felony course of for what are plainly journalistic acts converts the method into punishment, burdens newsrooms with harassment, and erodes public belief within the rule of regulation,” mentioned the assertion.

The assertion added:

“We subsequently demand the quick withdrawal of the FIRs towards Mr. Varadarajan and Mr. Thapar and cessation of coercive motion towards The Wire and different journalists on this matter. Name upon the Union Authorities and Parliament to revisit Part 152 urgently, slender its imprecise and overbroad language, and set up sturdy procedural safeguards to stop misuse towards speech and the press. Request the Supreme Court docket to ring-fence journalism explicitly when testing the validity of Part 152, in order that investigative reporting, interviews, and editorial critique can’t be shoehorned into “sovereignty” offences absent clear, direct incitement to violence. The Chennai Press Membership stands in full solidarity with Siddharth Varadarajan, Karan Thapar, and the journalists of The Wire. We remind all authorities that sincere journalism isn’t a criminal offense.”

‘Full lack of due course of’

The Digipub Information India Basis has additionally strongly condemned the summons issued.

“On the very day the Supreme Court docket granted interim safety from arrest to The Wire’s journalists in a single FIR, the Assam police filed one other – this time towards founding editor Siddharth Varadarajan and senior journalist Karan Thapar – invoking six provisions of the Bharatiya Nyaya Sanhita (BNS). The alleged offences embody: Part 152 (acts endangering sovereignty, unity and integrity of the nation), Part 196 (selling enmity between teams), Part 197(1)(D)/3(6) (publication of false or deceptive info), and Sections 353, 45 and 61 (felony conspiracy),” mentioned an announcement issued by the Digipub Information India Basis.

“What makes this summons significantly alarming is the whole lack of due course of: neither Varadarajan nor Thapar have been offered a duplicate of the FIR, knowledgeable of its date, or given a transparent description of the alleged offence – because the regulation requires. But each have been ordered to seem earlier than the Panbazar Crime Department in Guwahati on 22 August 2025. This motion – by an establishment meant to guard residents’ rights – is a direct assault on press freedom and free expression,” the assertion added.

The assertion added that the Supreme Court docket’s interim safety to The Wire journalists pertained to an earlier FIR (0181/2025) filed in Morigaon on 11 July 2025, primarily based on a criticism by a ruling BJP member. The contemporary FIR brazenly disregards the Court docket’s orders and violates its pointers, in addition to a Karnataka Excessive Court docket ruling requiring transparency in such instances, it mentioned.

“Part 152 – a thinly rebranded model of the colonial sedition regulation (IPC 124A) – is being more and more weaponised to silence free expression. Solely final 12 months, Prime Minister Narendra Modi claimed sedition had been scrapped. Its constitutional validity is already underneath problem within the Supreme Court docket, and this case is straight linked to that pending petition. To misuse such provisions towards journalists isn’t merely an assault on unbiased journalism however a grave menace to Indian democracy itself,” mentioned the assertion.

“We demand that the Assam Police instantly withdraw the summons, adjust to Supreme Court docket orders, and observe due course of with full transparency, together with furnishing a duplicate of the FIR. Part 152 and different draconian provisions that curb press freedom and free expression be repealed directly, and the FIRs towards Siddharth Varadarajan and Karan Thapar be withdrawn,” it added.

[All articles courtesy: The Wire, an Indian nonprofit news and opinion website. It was founded in 2015 by Siddharth Varadarajan, Sidharth Bhatia, and M. K. Venu.]