'Dissent Must Be Accepted In Democracy': Journalist Abhisar Sharma To Gauhati High Court; Gets Interim Relief In FIR Over Remarks On Assam CM

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 petition deserves an examination by this Court and therefore, let the case diary of the crime branch of this case be called for...", a bench of Justice Mridul Kumar Kalita remarked as it extended the relief granted to Sharma by the SC earlier (protection from any coercive action) till October 22, the next date of hearing.

Proceedings before the Court

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 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".

In response to this, the Court, while noting that protection against coercive action had earlier been granted, questioned counsel on what 'coercive action' would mean.

Senior Counsel KN Choudhury replied that, as per the Supreme Court, it meant no filing of a charge-sheet, protection against arrest and other related safeguards.

He further submitted 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.