The Supreme Court on Thursday granted interim protection from arrest to journalist and YouTuber Abhisar Sharma in a case registered by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS), which deals with acts deemed prejudicial to India’s sovereignty and unity. While providing relief for four weeks, the Court declined Sharma’s plea to quash the FIR, directing him instead to approach the Gauhati High Court for such relief.

A Bench comprising Justices BR Gavai and KV Viswanathan observed that the High Court is the proper forum to consider the merits of the case. “You can always challenge the FIR there. Why bypass that forum? We will give you protection, but go to the High Court. Just because you are a journalist does not mean you can come straight to us,” the Bench remarked during the hearing.

Senior Advocate Kapil Sibal, appearing for Sharma, contended that the case arose from critical commentary on government policy and expressed concern that similar complaints could follow in other states if uniformity was not ensured. He also argued that invoking Section 152 in this context was excessive and posed a threat to press freedom. The Court, however, noted that quashing the FIR would not prevent fresh complaints in other jurisdictions, emphasizing that Sharma should first pursue remedies at the High Court level.

In addition to seeking interim relief, Sharma has challenged the constitutional validity of Section 152 BNS, arguing that its sweeping language could stifle legitimate criticism and free speech. The Court issued notice to the Union government on this aspect and tagged the plea with other petitions questioning provisions of the new criminal law framework. Critics have argued that Section 152, which replaces the sedition law, retains similar concerns of overbreadth, while the government maintains it is essential to safeguard sovereignty in a digital age.

With the Supreme Court granting four weeks’ protection, Sharma is expected to move the Gauhati High Court to seek quashing of the FIR. The matter underscores a continuing debate on balancing national security with constitutional freedoms under India’s restructured criminal law regime.

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