Assam Police Cases On Journalists: Vardarajan & Thapar Receive SC Protection

The Supreme Court on Friday granted interim protection from arrest to The Wire’s Founding Editor Siddharth Varadarajan and Consulting Editor Karan Thapar in connection with an FIR registered by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS).

A bench comprising Justices Surya Kant and Joymalya Bagchi passed the order after taking up the matter on an urgent mentioning by Senior Advocate Nitya Ramakrishnan. She informed the court that despite interim protection having already been granted in one FIR lodged by Assam Police, a fresh summons had been issued in another case.

The court directed, "Post the matter on 15 September. Meanwhile, no coercive action shall be taken against petitioner No.2 (Varadarajan) and members of petitioner-Foundation, including the Consulting Editor (Karan Thapar), pursuant to FIR registered u/s 152 BNS subject to their joining and cooperating with investigation."

Aside from the Crime Branch FIR, another FIR was registered at Morigaon Police Station on July 11, invoking Section 152 of the BNS against Varadarajan and others over an article titled “IAF Lost Fighter Jets to Pak Because of Political Leadership's Constraints': Indian Defence Attache” published in relation to Operation Sindoor.

Challenging the case, the Foundation for Independent Journalism (the trust running The Wire) and Varadarajan approached the Supreme Court questioning the constitutionality of Section 152 BNS, arguing that it is merely a repackaged version of the sedition law. The petitioners contended that the article was a factual report of a university seminar in Indonesia, quoting India’s Defence Attache and other personnel on military tactics during Operation Sindoor. The piece also carried the Indian Embassy’s official response, they argued, while noting that several other outlets had reported the same remarks.

Timeline of Events

May 9 - First FIR (03/2025) registered by Crime Branch, Guwahati against Siddharth Varadarajan and Karan Thapar under Sec 152 BNS and listing 14 interviews and articles as against the sovereignty and integrity of India [but not explicitly naming the authors — AS Dulat [ex-RAW], Avinash Mohananey [ex-IB], SK Sood [ex-BSF], Ajai Shukla, Ali Ahmed [both ex Indian Army], Manoj Joshi, Rahul Bedi, Anand Sahay, Harish Khare [senior journalists], Rohit Kumar [educationist], Nirmanyu Chouhan [researcher]

May 9 - Aug 12 — The Crime Branch FIR  is kept in cold storage

July 11 — Morigaon PS registers another FIR under Sec 152 against SV and The Wire, for a story run on June 28 about the Indian defence attache’s statement about the loss of an Indian aircraft in Sindoor

Aug 12 — SC gives The Wire protection from coercive action in the July 11 FIR of Morigaon PS

Aug 12 — Crime Branch takes its FIR out of cold storage, and a summon is sent to SV and Karan Thapar

Aug 22 — SC grants protection from arrest to SV, Karan and Wire journalists in Crime Branch FIR, SV and KT to join the investigation and report back to court on what the police ask. When Nitya Ramakrishnan said there could be further FIRs and threat of arrest, Justice Suryakant said, 'We are watching'.

The matter will now be heard again on September 15.

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