On August 28, the Supreme Court extended interim protection for four weeks to journalist Abhisar Sharma, who is facing an FIR in Assam related to a video that allegedly criticized state policies.
The bench, comprising Justices M M Sundresh and N Kotiswar Singh, advised Sharma to approach the Gauhati High Court to seek the quashing of the FIR against him.
Additionally, the court issued a notice to the Central Government, requesting a response regarding Sharma's challenge to the constitutionality of Section 152 of the Bharatiya Nyaya Sanhita (BNS), which addresses actions that threaten India's sovereignty, unity, and integrity.
Sharma's plea, represented by advocate Sumeer Sodhi, indicated that the FIR stemmed from a complaint by a private individual concerning a video on his YouTube channel, where he questioned the decision to allocate 3,000 bighas of tribal land to a private company.
The FIR was filed at the Guwahati Crime Branch police station based on a complaint from Alok Baruah.
The complaint claimed that Sharma's video, posted on August 8, could incite 'communal tension and distrust among state authorities.'
Sharma faces charges under multiple sections of the BNS, including Sections 152 and 196, which pertain to inciting enmity between different groups.
This marks the third instance in less than a week where a journalist has received interim protection from the Supreme Court.
Previously, on August 22, the court granted similar protection to journalists Siddharth Varadarajan and Karan Thapar concerning an FIR filed by Assam Police over a news article.
The initial FIR in this matter was lodged on May 9 against Varadarajan and Thapar under Section 152 of the BNS, which relates to actions that jeopardize the sovereignty, unity, and integrity of India.
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