The Supreme Court Tuesday granted interim protection from arrest to Siddharth Varadarajan, journalist and editor of The Wire, in a case lodged by the Assam Police over an article on Operation Sindoor carried by the online portal. The case was lodged under Section 152 of the Bharatiya Nyaya Sanhita (BNS) which deals with acts “endangering sovereignty, unity and integrity of India.” A bench of Justices Surya Kant and Joymalya Bagchi also issued notice to the Centre on the plea by the Foundation for Independent Journalism, which runs the portal, challenging the constitutional validity of the provision, which it contended brings back the colonial provision of sedition in Section 124A of the Indian Penal Code (IPC). Appearing for the petitioners, Senior Advocate Nitya Ramakrishnan said the provision is vague and can create a chilling effect on freedom of speech and expression. Justice Kant said that “any provision in penal law can be misused…", and the bench wondered if the potential for misuse can be a ground to strike down a provision. Justice Bagchi too asked, “Is the potentiality of abuse a ground to declare a law unconstitutional? Show us an authority on that. There is a difference between implementation and power to legislate.” The counsel, however, contended that the provision can be misused to muzzle press freedom. Solicitor General (SG) Tushar Mehta wondered if the media should be treated as a separate class. Justice Bagchi said, “That's not what is being sought. It is about balancing the fundamental right to free speech with protection of public order." Justice Kant said that since the matter was with regard to publication on a website, no custodial interrogation was necessary. The judge sought to know how “acts endangering the sovereignty of the nation” are defined in the provision. “How can it be statically defined that what will be an act of endangering sovereignty? For instance, one can argue that political dissent can't endanger sovereignty. Inviting legislature to define 'endangering sovereignty' is a big danger," added Justice Kant. The SG said that a new “negative explanation” had been inserted in the provision. The court tagged the petition with another plea which also challenges Section 152 of the BNS.
