SC restrains Assam Police from taking coercive action against Siddharth Varadarajan, Karan Thapar

“Post the matter on September 15. Meanwhile, no coercive action shall be taken against petitioner No. 2 (Varadarajan) and members of petitioner-Foundation (Foundation for Independent Journalism, the Trust owning ‘The Wire’), including the Consulting Editor (Karan Thapar), pursuant to FIR registered u/s 152 BNS subject to their joining and cooperating with investigation,” the court said in the order.

Section 152 of the BNS deals with acts endangering India’s sovereignty, unity, and integrity through speech, writing, signs, digital communication, or financial means.

On August 12, the apex court granted interim protection from arrest to Varadarajan in a case lodged by the Assam Police under Section 152 over an article on Operation Sindoor carried by the online portal. The First Information Report was registered after the portal carried a report headlined ‘IAF lost fighter jets to Pak because of political leadership’s constraints’: Indian defence attache on June 29.

The Assam Police, on the same day, issued separate summons to Varadarajan and Thapar in connection with the FIR registered at the Crime Branch Police Station in Guwahati, directing them to appear at the police station on August 22.

The court also issued notice to the Centre on August 12 on the plea by the Foundation for Independent Journalism, which runs the portal, challenging the constitutional validity of the provision, which it contended brings back the colonial provision of sedition in Section 124A of the Indian Penal Code (IPC).

Appearing for the petitioners, Senior Advocate Nitya Ramakrishnan said a new FIR was registered after the court granted relief in the first one.