Remarks On Assam CM | Gauhati High Court Extends Interim Protection Granted To Journalist Abhisar Sharma Till November 17

A bench of Justice Shamima Jahan extended the relief for Sharma as the state did not produce the case diary pursuant to the HC's September 19 order.

For context, Sharma moved the HC days after the Supreme Court refused to entertain his challenge to the FIR registered by Assam police under Sections 152 (endangering the sovereignty of the nation), 196 (promoting enmity between different groups), and 197 (imputations prejudicial to national integration and security) BNS.

The Top Court had, however, granted him interim protection for 4 weeks in order to approach the HC for appropriate relief.

On September 19, a single judge extended the relief granted to Sharma till October 22 while directing the state counsel to produce the case diary of the case.

It may be noted that during the hearing last month, appearing for Sharma, Senior Counsel Kamal Nayan Choudhury submitted that the petitioner is a journalist who publishes content on YouTube and has been booked merely for expressing critical opinions.

Arguing that in a democracy, dissent has to be accepted, he had submitted thus:

"If every criticism of the government is construed as sedition, it would be a black day for democracy. We must be strong shock absorbers…The petitioner was only referring to the CM saying something in Jharkhand. When we criticise a person, it is not a criticism of the government".

It was also contended that Sharma's statement amounted only to questioning whether there was 'polarisation' and that such criticism of government functioning cannot constitute an offence under Sections 152 or 197 of the BNS.

Briefly put, one Alok Baruah lodged the FIR, alleging that Sharma uploaded a video ridiculing both the Assam and Union Governments.

Baruah claimed that Sharma's remarks were made with mala fide intent to disrepute elected governments and provoke communal sentiments.

It was alleged that Sharma mocked the principle of "Ram Rajya", stated that the government "survives only on Hindu-Muslim polarisation", and accused the Chief Minister of pursuing communal politics.

According to the complainant, the video had the potential to create communal divides, inflame passions, and promote distrust against lawfully established authorities as well as enmity between religious groups.