The Supreme Court on Thursday refused to quash a first information report (FIR) filed against journalist Abhisar Sharma by Assam government for endangering the sovereignty of nation and other offences. However, a Bench of Justices MM Sundresh and N Kotiswar Singh granted him interim protection from arrest for 4 weeks.
The case was filed by the Assam Police over a YouTube video criticising the State government. The apex court asked him to approach the Gauhati High Court for quashing the FIR. “FIR you challenge before the high court. Why are you bypassing the High Court? We’ll give you protection you go to the High Court. Just because you are a journalist…” the Court said in oral remarks.
Senior Advocate Kapil Sibal represented Abhisar Sharma in his plea. He insisted that Supreme Court hear the plea, arguing that state police will file another FIR if the current one is stayed by the High Court. However, the Suprme Court maintained that the plea must be filed before the High Court.
Journalist Abhisar Sharma also challenged the validity of Section 152 of Bharatiya Nyaya Sanhita (BNS) which deals with the offence of endangering the sovereignty of nation. The Court issued notice to the Central government on that aspect of the plea and tagged it with similar matters already pending before the top court.
The FIR was filed against Sharma under Sections 152 (sedition), 196 and 197 of the Bharatiya Nyaya Sanhita, 2023 (BNS). According to the complaint, Abhisar Sharma ridiculed both the Assam and Union Governments in a recent video published on YouTube.
Complainant Alok Baruah stated that the remarks were made with mala fide intent to disrepute elected governments and have the effect of provoking communal sentiments. The complaint further alleged that such comments are capable of inflaming passions, creating distrust against lawfully established authorities and promoting enmity between religious groups.
