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Supreme Court declines to quash FIR against Journalist Abhisar Sharma, grants 4-week Interim Relief

New Delhi: The Supreme Court has granted journalist Abhisar Sharma four weeks of interim protection from arrest in a criminal case filed against him in Assam. The case stems from a video where Sharma questioned the state government’s decision to allocate 3,000 bighas of tribal land to a private company for a cement factory. The video drew on a Gauhati High Court proceeding and criticised the state’s divisive politics.

A bench of Justices M.M. Sundresh and Kotiswar Singh directed Sharma to approach the Gauhati High Court for further relief. The judges stated, “We will protect you, but why are you bypassing the high court,” while clarifying that they would not entertain a direct challenge to the FIR.

Sharma’s plea argued that the case represented misuse of Section 152 of the Bharatiya Nyay Sanhita (BNS), a provision that replaced the sedition law under the Indian Penal Code. He said that invoking a provision carrying life imprisonment against a journalist’s video was excessive and unconstitutional. His petition described the FIR as an effort to stifle dissent and limit journalistic freedom.

Senior advocates Kapil Sibal and Vivek Tankha, appearing for Sharma, highlighted that Section 152 is already under challenge before the Supreme Court. Petitions by former Army officer SG Vombatkere and the Foundation for Independent Journalism are pending against this law.

The FIR against Sharma also alleged that he hurt religious sentiments by referencing “Ram Rajya.” Sharma clarified that his remarks were aimed at exposing political appropriation of religious symbols and not directed against faith or practice. He stressed that dissent, public scrutiny of governance, and criticism of political leaders fall within the bounds of constitutional free speech.

With over three decades in journalism and a YouTube channel followed by nine million subscribers, Sharma said his work is about highlighting governance issues, not undermining national integrity.

 

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