S.152 BNS: Supreme Court Extends Protection to The Wire Editor Siddharth Varadarajan
SC extends interim protection to The Wire in BNS Section 152 case
The Supreme Court on Monday extended interim protection to the Foundation running the online news outlet The Wire in its plea challenging Section 152 of the Bharatiya Nyaya Sanhita (BNS), a provision stated to have replaced the sedition law under the Indian Penal Code (IPC).
The Bench of Justice Surya Kant and Justice Joymalya Bagchi noted that the petitioners had not been called by any police authority to join the investigation.
Senior Advocate Nitya Ramakrishnan, appearing for the petitioners, submitted that despite the pendency of proceedings, they had received no communication from the police.
Solicitor General Tushar Mehta, appearing for the Union, said he was not aware of the facts and sought time to file a reply, adding that the petitioners were effectively seeking a stay on the provision.
The Court observed that since the petitioners had not received any information from investigating officers, they were unable to participate in the probe. It directed that as and when required, the petitioners shall join the investigation. Interim protection granted earlier was ordered to continue.
Previously on August 22, the Apex Court had granted interim protection from coercive action to The Wire’s Founding Editor 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).
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Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS), a provision alleged to have effectively revived the repealed sedition law.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: September 15, 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi