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In a relief to the online news organisation, The Wire, the Supreme Court granted interim protection to its editor-in-chief and veteran journalist Siddharth Varadarajan against “any coercive action” in connection with an FIR filed in Assam over a report on the alleged loss of an IAF aircraft during Operation Sindoor.

Varadarajan and his team were booked under multiple offences, including Section 152 of the newly enacted Bharatiya Nyaya Sanhita (BNS), which replaces the colonial sedition law and carries a maximum punishment of life imprisonment. The provision penalises any “act endangering the sovereignty, unity and integrity of India.” The FIR, registered at Morigaon police station on July 11, stems from an article published in The Wire on Operation Sindoor.

A bench of Justices Surya Kant and Joymalya Bagchi passed the interim order on a PIL filed by the Foundation for Independent Journalism, which runs The Wire, and Varadarajan, challenging the constitutionality of Section 152. Petitioners argued that the law is a repackaged version of the colonial sedition provision, vague and overly broad, creating a “chilling effect” on free expression, especially in the media’s ability to question the government.

The bench questioned whether the potential for misuse could justify striking down a provision, while issuing notices to the Centre and Assam government. The case has been tagged with a similar plea where notice was issued on August 8.

During the hearing, Solicitor General Tushar Mehta asked whether the media should be treated as a separate class, to which Justice Bagchi responded, “That’s not what is being sought. It’s about balancing the fundamental right to free speech with the protection of public order.” Justice Kant noted that when offences relate to published articles, custodial interrogation may not be necessary.

In a post on X, Varadarajan alleged that Section 152 was being misused against him, citing a complaint by a BJP officeholder and claiming the FIR was kept secret to facilitate a “midnight arrest.”

In May 2022, a three-judge Supreme Court bench led by then CJI NV Ramana had put sedition cases under Section 124A of the IPC on hold. Petitioners contend the government has effectively reintroduced sedition under a new label through Section 152 of the BNS.