New Delhi: A high-stakes legal battle is poised to unfold in the Supreme Court as it prepares to take up a petition by prominent journalist Abhisar Sharma. The case, slated for hearing on August 28, pits a journalist’s right to free speech against the state’s authority to maintain law and order, and could have far-reaching ramifications for the country’s new criminal code.
Sharma’s petition, filed through advocate Sumeer Sodhi, seeks to quash a First Information Report (FIR) lodged against him by the Assam Police’s Crime Branch in Guwahati. The FIR, based on a complaint by Alok Baruah, alleges that a video posted by Sharma on his YouTube channel on August 8 could foment communal disharmony and undermine public faith in government institutions. The complaint specifically highlights Sharma’s commentary on a land allotment decision in Assam’s Dima Hasao district, where 3,000 bighas of land were reportedly allocated to a private firm for a cement plant—a move he discussed in light of observations made by the Gauhati High Court.
Beyond seeking the dismissal of the FIR, Sharma’s plea takes aim at the very legal foundation of the charges against him. The petition challenges the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita (BNS), a provision that criminalises acts seen as jeopardising India’s sovereignty, unity, and integrity. This challenge to the newly enacted BNS adds another layer of gravity to the proceedings. Sharma has also been booked under Section 196 of the BNS, which pertains to promoting enmity between different groups. The two-judge bench comprising Justices MM Sundresh and N Kotiswar Singh is expected to deliberate on these complex legal questions, with the outcome potentially setting a key precedent for how the new law will be applied in matters of public discourse and press freedom.
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