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

The Supreme Court on Tuesday (August 12) passed an order protecting members of the Foundation for Independent Journalism, the trust that owns The Wire, as well as the news organisation’s founding editor, Siddharth Varadarajan, against any coercive action in connection with an FIR registered by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS).

The FIR was registered by the Morigaon police in Assam on July 11 based on a complaint by a local BJP leader with respect to an article on the website, ‘IAF Lost Fighter Jets to Pak Because of Political Leadership’s Constraints’: Indian Defence Attache’, published on June 28, 2025. The article dealt with a statement made by India’s defence attache to Indonesia, Captain (Indian Navy) Shiv Kumar, who acknowledged at a seminar in Indonesia that the Indian Air Force lost fighter jets to Pakistan on the night of May 7, 2025, during Operation Sindoor, because of the “constraint given by the political leadership to not attack the military establishment or their air defences”.

The story was widely reported by the media in India and led the Indian embassy in Jakarta to issue a ‘clarification’ the same evening stating that Captain Kumar’s comments were being taken out of context. The Wire’s report was promptly updated to include the embassy’s statement.

A bench comprising Justice Surya Kant and Justice Joymalya Bagchi passed an interim order in a writ petition filed by the Foundation and Varadarajan, who challenged the constitutionality of Section 152 BNS, contending that it is a repackaged version of the colonial-era sedition law whose use in the erstwhile Indian Penal Code had been stayed by the apex court in 2023:

“Meanwhile, the members of the petitioner – Foundation as well as petitioner No.2 against whom FIR No.181/2025, has been registered on 11.07.2025, at PS Morigaon, Assam, under Sections 152, 197(1)(d) and 353(1)(b) of the Bharatiya Nyaya Sanhita, 2023, may join the investigation as and when required, however, no coercive action shall be taken against them.”

The bench also issued notice to the Union government and the Assam government, represented in court by solicitor general Tushar Mehta, while tagging it with another petition, currently before a bench headed by the Chief Justice of India, that has questioned the constitutional validity of Section 152.

Senior advocate Nitya Ramakrishnan, representing the petitioners, argued that the impugned BNS, though worded differently and avoiding the term ‘sedition’, was “in essence” the colonial sedition provision of IPC Section 124A.

The bench then asked if potential for abuse alone can be a ground to strike down a provision. “Is the potentiality of abuse a ground to declare a law unconstitutional? Show us an authority on that. There’s difference between implementation and power to legislate,” Justice Bagchi observed, as quoted by LiveLaw.

Ramakrishnan then submitted that the provisions under Section 152 were vague, broadly-worded and created a “chilling effect” on freedom of expression, particularly affecting the right of the media to report and raise questions of the government.

Justice Bagchi agreed that the vagueness of the law was a valid ground to challenge it. Meanwhile, the bench also brushed aside SG Mehta’s argument that the media should not be treated as a separate class.

“That’s not what is being sought. It’s about balancing fundamental right to free speech with protection of public order,” Justice Bagchi said.

Justice Kant observed that when the offence is with respect to articles published by a news outlet, custodial interrogation may not be necessary. “Basically these are matters where you don’t require custodial interrogation,” he said.

The article in question, as the counsel submitted in court, was a factual report of a seminar in Indonesia and carried the statements made by India’s defence personnel. It also carried the Indian Embassy’s response to the comments.

On May 9, The Wire’s website was temporarily blocked for nearly 12-15 hours in India on government orders following the publication of an article regarding Rafale jets in Operation Sindoor. The website was restored later. Several other news organisations had also faced similar blockades of their social media handles or websites.

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Assam Police Invoke Sedition Law in Second Case Against The Wire, Naming Varadarajan, Karan Thapar

On August 12, 2025 – the day the Supreme Court issued notice on The Wire’s petition challenging the constitutionality of the new sedition law and protected its journalists, including founding editor Siddharth Varadarajan from any “coercive action” by Assam Police in a case filed in Morigaon in July – the Guwahati Crime Branch summoned Varadarajan and senior journalist Karan Thapar in a fresh ‘sedition’ FIR filed by the state police.

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

However, the FIR date was not mentioned, no details of the alleged offence were provided and a copy of the FIR was not included – as the police are legally obliged to do while serving a summons under this section of the BNSS.

The summons was received at The Wire’s office here on August 14.

Today (August 18), an identical summons was received in the name of Thapar, for the same FIR.

Claiming that “it is revealed that there are reasonable grounds to question you to ascertain the facts and circumstances from you, in relation to the present investigation,” both Varadarajan and Thapar have been directed to appear at the Crime Branch office in Panbazaar, Guwahati on Friday, August 22. “Failure to attend/ comply with the terms of this Notice can render you liable for arrest”, the summons adds.

While the FIR registered against Varadarajan in Morigaon on July 11, 2025, pertains to a complaint filed by a BJP officeholder over a story published in The Wire on June 28, 2025 (IAF Lost Fighter Jets to Pak Because of Political Leadership’s Constraints’: Indian Defence Attache), it is not apparent what article or video the Crime Branch FIR relates to.

Even in the Morigaon case, as The Wire’s counsel Nitya Ramakrishan informed the Supreme Court, the FIR was kept a secret and it was only through well-placed sources that it became possible to learn of the complaint, the date of the FIR, and the criminal sections invoked.

It was on this basis that The Wire approached the court to challenge the vires of Section 152 of BNS and the bench of Justice Surya Kant and Justice Joymalya Bagchi issued notice.

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

Varadarajan and Thapar have responded to the summons by drawing attention to the requirement – laid down by the Supreme Court – for FIRs to be made public and copies given to the accused. They have also noted a Karnataka high court judgment which says that a police summons without a copy of the FIR accompanying it is invalid.

The Wire’s legal representatives in Guwahati say there is no trace of the FIR in the magistrate’s court.

Reporters in Assam have also failed to get the police in Guwahati to provide any details about the new case.

In their response to the summons, both Varadarajan and Thapar have said they are ready and willing to cooperate with any investigation, but the preconditions laid down by India’s constitutional courts have to be fulfilled in any case. Please note, their reply says, that they “cannot be conceivably summoned and expected to answer questions on a matter, to ascertain the “facts and circumstances in relation to the present investigation”, without being supplied with the contents of the FIR to which your investigation pertains.”

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Journalism ‘Can’t be Arbitrarily Penalised Under Sedition Laws’: Indian Journalists’ Union Hails Supreme Court’s Interim Protection of The Wire

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

The Supreme Court on August 12 passed its order protecting members of the Foundation for Independent Journalism, the trust that owns The Wire, as well as Varadarajan, from the FIR registered by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS).

The FIR was registered by the Morigaon police in Assam on July 11 based on a complaint by a local BJP leader on an article on the website, ‘IAF Lost Fighter Jets to Pak Because of Political Leadership’s Constraints’: Indian Defence Attache’, published on June 28, 2025. It was on the statement made by India’s defence attache to Indonesia, Captain (Indian Navy) Shiv Kumar, who acknowledged at a seminar in Indonesia that the Indian Air Force lost fighter jets to Pakistan on the night of May 7, 2025, during Operation Sindoor, because of the “constraint given by the political leadership to not attack the military establishment or their air defences”.

The IJU has called this “a significant step in upholding journalistic freedom.”

“Furthermore, the Supreme Court’s observation on August 12, 2025, that a journalist’s article or video does not, prima facie, constitute an offense under Section 152 of the Bharatiya Nyaya Sanhita (BNS) endangering the unity and integrity of the country, reinforces the constitutional protection of free speech and the press,” it said.

The journalists’ body said that the decision “emphatically upholds the principle that journalistic work, including critical reporting, cannot be arbitrarily penalized under sedition laws or similar provisions.”

“The IJU views this as a victory for democracy and a reaffirmation of the judiciary’s role in protecting the fourth estate from misuse of legal provisions to suppress dissent or critical voices,” it said.

In a statement, IJU president and former member of the Press Council of India, Geetartha Pathak, stated, “The Supreme Court’s ruling is a beacon of hope for journalists across India who face increasing threats and legal intimidation for simply doing their job. By clarifying that journalistic work does not inherently attract charges of sedition, the Court has strengthened the democratic fabric of our nation. We urge authorities to respect this precedent and ensure that journalists are not harassed through the misuse of laws.”

Sabina Inderjit, IJU’s secretary general and vice-president of the International Federation of Journalists, was quoted in it as having said, “This decision sends a powerful message globally that India’s judiciary stands firm in protecting press freedom. Journalists play a vital role in holding power to account, and the Supreme Court’s observation ensures that they can perform their duties without fear of retribution. We stand in solidarity with all journalists facing legal challenges and call for an end to the weaponisation of laws against the media.”

The IJU commended the Supreme Court “for its progressive stance and [urged] the government and law enforcement agencies to respect the principles of free speech and press freedom enshrined in the Constitution.”

It said that it remained committed to advocating for an environment where journalists can work fearlessly to uphold truth and accountability.

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‘Vindictive’: Journalists’ Organisations Speak Against Assam Police’s Actions Against The Wire

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

On August 12, the Supreme Court had issued notice on The Wire’s petition challenging the constitutionality of the new sedition law and protected its journalists, including founding editor Siddharth Varadarajan, from any “coercive action” by Assam Police in a case filed in Morigaon in July. On the same day, the Guwahati Crime Branch summoned Varadarajan and senior journalist Karan Thapar in a fresh ‘sedition’ FIR filed by the state police. No details were given to The Wire.

“It is noteworthy that the summons were issued on August 12, 2025, even as the Supreme Court bench of Justice Surya Kant and Justice Joymalya Bagchi had granted Varadarajan and all journalists at The Wire protection from any coercive action in an FIR (0181/2025) filed by the Assam Police in Morigaon on July 11, 2025 under Section 152 and other provisions of the BNS,” a statement by The Press Club of India and the Indian Women Press Corps said.

“Now, the Assam Police have filed another FIR without mentioning any reason and have asked Varadarajan and Thapar to appear before the investigating officer at the Crime Branch in Guwahati on August 22 – on pain of arrest in the event of non-compliance,” the two organisations added.

“It is worth recalling that in May 2022, the Supreme Court had ordered the suspension of proceedings and criminal prosecutions for sedition under section 124A of the erstwhile Indian Penal Code. Section 152 of BNS is a repackaged version of Section 124A. In its writ petition last week, The Wire has also challenged the vires of Section 152, BNS and the apex court issued notice to the Assam government and others,” it said.

The statement is signed by Gautam Lahiri, president of the Press Club of India, Neeraj Thakur, secretary general of the Press Club of India, Sujata Raghaban, president of the Indian Women Press Corps, and Aditi Bahl, secretary of the Indian Women Press Corps.

They write:

“While we welcome the relief given by Supreme Court to The Wire and Varadarajan last week, the registration of a new case against him and Karan Thapar makes it apparent that Section 152 has become a tool with which to target the media in India.

“The undersigned media organisations demand the immediate withdrawal of these cases against The Wire’s journalists, as well as the withdrawal of the draconian Section 152 of BNS, which threatens freedom of expression as enshrined in Article 19(1)a of Indian Constitution. As can be seen from the actions of the Assam Police, Section 152 of BNS has been weaponised to chill the press into silence.”

‘Attempt to flatten what remains as one of the last few bastions of journalistic ethos’

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

In a statement, the organistation wrote, “The targeting of @svaradarajan, Karan Thapar & @thewire_in by the regime is yet another attempt to flatten what remains as one of the last few bastions of journalistic ethos and editorial courage in India. In the context of an entire media ecosystem of lies, platitudes, misinformation, hate and jingoism, The Wire stands out for giving space to critical and public interest reportage that holds power to account. The fact that the Assam Police is targeting them with sedition despite Supreme Court’s protection from arrest in another similar case is deeply disturbing.”

“We note with concern the utter disregard for due process as the copy of the FIR, and description of the alleged offence has not been provided to @svaradarajan and Karan Thapar. The targeting of the two journalists is an assault on all institutions and civic spaces upholding free expression. We salute the courage and resolve of The Wire and its journalists for remaining steadfast to journalistic ethics in the face of repeated assaults. We here at the Centre for Financial Accountability are both proud and grateful for our long association with The Wire and we stand firm in our solidarity with the two journalists,” it stated.

‘Continuing attempts to intimidate and harass journalists through misuse of criminal law’

The Chennai Press Club has also strongly strongly condemned the Assam Police for what it described as “their continuing attempts to intimidate and harass journalists through the misuse of criminal law.”

“The filing of FIRs and summons against senior journalists Siddharth Varadarajan and Karan Thapar of The Wire, including the fresh case under Section 152 of the Bharatiya Nyaya Sanhita (BNS), is a deliberate act of intimidation aimed at silencing critical voices,” said the Chennai Press Club in its statement.

“We note with grave concern that these actions come despite the Supreme Court’s recent protection against coercive measures in related matters, and amid the Court’s ongoing scrutiny of Section 152 of BNS itself. India’s constitutional promise of free speech is not contingent on the comfort of those in power, journalism that interrogates official narratives is a democratic necessity, not a criminal enterprise,” added the statement.

The statement said that the indiscriminate use of sweeping penal provisions against reportage, interviews, and commentary violates the spirit of Article 19(1)(a) and the standards laid down by the Supreme Court, which require a proximate link to incitement of violence or public disorder before speech can be criminalised.

“Resorting to criminal process for what are plainly journalistic acts converts the process into punishment, burdens newsrooms with harassment, and erodes public trust in the rule of law,” said the statement.

The statement added:

“We therefore demand the immediate withdrawal of the FIRs against Mr. Varadarajan and Mr. Thapar and cessation of coercive action against The Wire and other journalists in this matter. Call upon the Union Government and Parliament to revisit Section 152 urgently, narrow its vague and overbroad language, and install robust procedural safeguards to prevent misuse against speech and the press. Request the Supreme Court to ring-fence journalism explicitly when testing the validity of Section 152, so that investigative reporting, interviews, and editorial critique cannot be shoehorned into “sovereignty” offences absent clear, direct incitement to violence. The Chennai Press Club stands in full solidarity with Siddharth Varadarajan, Karan Thapar, and the journalists of The Wire. We remind all authorities that honest journalism is not a crime.”

‘Complete lack of due process’

The Digipub News India Foundation has also strongly condemned the summons issued.

“On the very day the Supreme Court granted interim protection from arrest to The Wire’s journalists in one FIR, the Assam police filed another – this time against founding editor Siddharth Varadarajan and senior journalist Karan Thapar – invoking six provisions of the Bharatiya Nyaya Sanhita (BNS). The alleged offences include: Section 152 (acts endangering sovereignty, unity and integrity of the nation), Section 196 (promoting enmity between groups), Section 197(1)(D)/3(6) (publication of false or misleading information), and Sections 353, 45 and 61 (criminal conspiracy),” said a statement issued by the Digipub News India Foundation.

“What makes this summons particularly alarming is the complete lack of due process: neither Varadarajan nor Thapar have been provided a copy of the FIR, informed of its date, or given a clear description of the alleged offence – as the law requires. Yet both have been ordered to appear before the Panbazar Crime Branch in Guwahati on 22 August 2025. This action – by an institution meant to protect citizens’ rights – is a direct assault on press freedom and free expression,” the statement added.

The statement added that the Supreme Court’s interim protection to The Wire journalists pertained to an earlier FIR (0181/2025) filed in Morigaon on 11 July 2025, based on a complaint by a ruling BJP member. The fresh FIR openly disregards the Court’s orders and violates its guidelines, as well as a Karnataka High Court ruling requiring transparency in such cases, it said.

“Section 152 – a thinly rebranded version of the colonial sedition law (IPC 124A) – is being increasingly weaponised to silence free expression. Only last year, Prime Minister Narendra Modi claimed sedition had been scrapped. Its constitutional validity is already under challenge in the Supreme Court, and this case is directly linked to that pending petition. To misuse such provisions against journalists is not merely an attack on independent journalism but a grave threat to Indian democracy itself,” said the statement.

“We demand that the Assam Police immediately withdraw the summons, comply with Supreme Court orders, and follow due process with full transparency, including furnishing a copy of the FIR. Section 152 and other draconian provisions that curb press freedom and free expression be repealed without delay, and the FIRs against 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.]