Fresh Assam Sedition FIR: SC Protects The Wire Editor, Siddharth Varadarajan From Coercive Action
Supreme Court once again shielded Siddharth Varadarajan and The Wire Foundation from coercive action in fresh Assam sedition FIR, as his challenge to Section 152 BNS, the new sedition law; remains pending;
The Supreme Court on Friday granted interim protection from coercive action to The Wire’s Founding Editor Siddharth Varadarajan, along with other members of the petitioner-Foundation, in connection with a fresh sedition FIR registered by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS).
The plea, challenging summons issued in the case, was mentioned before a Bench of Justices Surya Kant and Joymalya Bagchi.
Senior Advocate Nitya Ramakrishnan, appearing for Varadarajan, submitted that the FIR dated May was invoked just as the top court had extended interim protection to him in another sedition FIR lodged by the Assam Police. “The state seems intent on slapping fresh FIRs. There is apprehension of arrest, and we have to appear today,” she argued.
Justice Surya Kant remarked that the Court was “confident they won’t invite any trouble” and stressed that the expectation was for “everyone to follow the law.”
Issuing its order, the Bench posted the matter for September 15.
In the meantime, it directed that no coercive steps be taken against petitioner No.2 and members of the petitioner-Foundation, including the Consulting Editor, pursuant to the impugned FIR, provided they join and cooperate with the investigation.
Notably, on August 12, the Court had granted interim protection from coercive action to The Wire’s founding Editor in connection with another FIR lodged by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS), a provision alleged to have effectively revived the repealed sedition law. The FIR against Varadarajan was registered after an article was published in 'The Wire' on Operation Sindoor, under which India targeted terror infrastructure in Pakistan and Pakistan-occupied Kashmir in May in retaliation for the April 22 Pahalgam attack.
The Writ Petition filed through AoR Bharat Gupta, and drafted by Advocate Stuti Rai challenged the constitutionality of Section 152 of the Bharatiya Nyaya Sanhita, 2023 (BNS), the new “sedition” provision, after The Wire’s founding editor Siddharth Varadarajan was booked by Assam Police over a news report. The plea also seeks protection from coercive action in connection with the FIR, which invokes Sections 152, 197(1)(d) and 353(1)(b) of the BNS.
Section 152 criminalises acts “endangering sovereignty, unity and integrity of India” and is substantially similar in language and effect to the colonial-era Section 124A IPC. The older sedition provision is already under constitutional challenge in S.G. Vombatkere v. Union of India, where the Apex court, by its 11 May 2022 interim order, restrained registration of FIRs under Section 124A until the matter is decided. The petition contends that Section 152 is being used to sidestep that order and target journalists and media outlets.
The impugned FIR stems from a June 29 report on The Wire quoting India’s defence attaché in Indonesia about the loss of IAF fighter jets during an operation, allegedly due to political constraints. The story included, in full, the Indian Embassy’s clarification that the remarks were taken out of context. The petition notes that the same seminar and comments were widely covered by other national media outlets.
It alleges that the complaint, filed by a ruling party functionary in Assam, falsely claims misquotation and accuses The Wire of a pattern of “misleading” reports. The FIR itself is not publicly accessible, but the petition warns that similar complaints may have been lodged elsewhere.
Calling Section 152 “vague” and “prone to abuse” like its IPC predecessor, the plea argues it violates Articles 14, 19(1)(a) and 21 of the Constitution, and that even if a report were inaccurate, prosecuting journalists under a life-imprisonment offence would be “grossly disproportionate” and unconstitutional.
The petition seeks the Court’s intervention not just to strike down Section 152, but also to lay down guidelines to prevent misuse of criminal law against journalists. It stresses that no immunity is sought, only safeguards to ensure prosecutions are bona fide and not reprisals for critical reporting.
Case Title: Foundation for Independent Journalism v. Union of India
Hearing Date: August 22, 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi