Supreme Court Grants Interim Protection to Journalist Abhisar Sharma in Assam FIR
The Supreme Court on Thursday granted four weeks of interim protection from arrest to journalist and YouTuber Abhisar Sharma, in connection with an FIR registered by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS). This provision deals with acts considered prejudicial to India’s sovereignty and unity.
While granting temporary relief, a Bench of Justices BR Gavai and KV Viswanathan refused to quash the FIR, directing Sharma to first approach the Gauhati High Court. The judges observed: “You can always challenge the FIR there. Why bypass that forum? We will give you protection, but go to the High Court. Just because you are a journalist does not mean you can come straight to us.”
Senior Advocate Kapil Sibal, appearing for Sharma, argued that the case stemmed from his critical commentary on government policies and warned that such complaints could be replicated in other states. He contended that invoking Section 152 BNS in this context was excessive and a threat to press freedom.
The Court, however, clarified that even if it quashed the FIR, fresh complaints could still be filed in different jurisdictions. It therefore directed Sharma to pursue remedies at the High Court level.
In his petition, Sharma has also challenged the constitutional validity of Section 152 BNS, arguing that its broad and vague language could suppress free speech and legitimate criticism. The Court has issued notice to the Union government on this point and tagged the matter with other pending challenges to provisions of the new criminal law framework.
Critics have argued that Section 152, which has replaced the colonial-era sedition law, still raises concerns of overbreadth and misuse, while the government insists it is necessary to protect sovereignty in the digital age.
With interim protection granted, Sharma is now expected to move the Gauhati High Court for relief. The case once again highlights the delicate balance between national security and constitutional freedoms under India’s restructured criminal justice system.
