Assam FIRs: Supreme Court extends protection to Siddharth Varadarajan, others from coercive action

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NEW DELHI, Sept 15: The Supreme Court on Monday extended the protection granted to senior journalist Siddharth Varadarajan and other journalists, including the consulting editor of online news portal “The Wire”, in cases filed against them in Assam over a news article.

A bench of Justices Surya Kant and Joymalya Bagchi extended the protection after senior advocate Nitya Ramakrishnan, appearing for Varadarajan and others, said they had written to Assam Police but not received their response.

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The top court recorded the submission and adjourned the hearing.

Solicitor General Tushar Mehta, appearing for the Centre, sought to file his response to the main plea challenging the constitutional validity of sedition law — seen as the successor to the colonial-era law — under 2023 Bharatiya Nyaya Sanhita (BNS).

The PIL was filed by retired Major General S G Vombatkere, an Army veteran and Vishisht Seva Medal awardee, against the validity of Section 152 (sedition) of BNS.

The top court allowed Mehta to file his response to the plea.

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On August 22, the top court restrained Assam Police from taking any coercive action against Varadarajan and others in relation to an article on Operation Sindoor.

The top court, while protecting the journalists, said everyone was expected to follow the law and asked the journalists to join the investigation while calling for a status report.

The FIR was registered against “Foundation for Independent Journalism” and Varadarajan on July 11, at Police Station Morigaon, Assam, under Sections 152 and other BNS provisions.

Similarly, another FIR for the offence of sedition and other BNS provisions was lodged at Gauhati police station for a news article against them.

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The provision deals with the “act endangering sovereignty, unity and integrity of India” and says, “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means, or otherwise, 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; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine.”

The top court had asked the members of the Foundation and Varadarajan to cooperate with the case’s investigation.

Varadarajan was booked after the online news portal published an article 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. (PTI)

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