Guwahati: In a significant development for press freedom, the Supreme Court of India has stepped in to protect senior journalist Siddharth Varadarajan from potential coercive action by the Assam Police.
The restraint order comes in response to an FIR lodged against Varadarajan concerning an article published on the web portal ‘The Wire’, which he co-founded. The article in question reportedly detailed aspects of ‘Operation Sindoor’, an Indian operation targeting terror infrastructure.
The legal battle has reached the apex court, with a bench comprising Justices Surya Kant and Joymalya Bagchi issuing a notice on a Public Interest Litigation (PIL) filed by the Foundation for Independent Journalism, the organisation behind ‘The Wire’. This petition directly challenges the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita (BNS). This particular section, a replacement for the old sedition law, deals with acts “endangering sovereignty, unity and integrity of India.”
Section 152 of the BNS is a broad provision that carries heavy penalties, including life imprisonment. It targets anyone who, through various means, “excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India.” The Supreme Court’s decision to issue a notice on the plea suggests it is taking a serious look at the legal implications of this new law, particularly as it pertains to journalism and free speech.
While providing relief to Varadarajan, the court has also made it clear that the journalist and members of the Foundation for Independent Journalism must cooperate with the ongoing investigation. The matter has now been tagged with another similar pending plea, indicating a broader judicial scrutiny of the new penal code. This move highlights the judiciary’s role as a bulwark against potential misuse of new laws, especially when they could be seen as impinging on fundamental rights. The FIR against Varadarajan was filed after ‘The Wire’ article shed light on the details of ‘Operation Sindoor’, a retaliatory strike by India following the April 22 Pahalgam attack.
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