Supreme Court Refuses To Entertain Journalist Abhisar Sharma's Challenge To Assam Police FIR U/s 152 BNS; Asks Him To Approach HC

The Supreme Court today refused to entertain journalist and YouTuber Abhisar Sharma's challenge to an FIR registered by Assam police under Section 152 of BNS over his video criticising the state government for 'communal politics' and questioning its allotment of 3000 bighas of land to a private entity.

The Court, however, granted him interim protection for 4 weeks in order to approach the Gauhati High Court for appropriate relief. It also issued notice on Sharma's challenge to the vires of Section 152 of BNS and tagged the matter with a similar case.

A bench of Justices MM Sundresh and N Kotiswar Singh passed the order, after hearing Senior Advocate Kapil Sibal (for Sharma), who claimed that S.152 BNS has become an "omnibus" provision which is being invoked just against anybody.

The bench however asked why Sharma cannot approach the High Court. On this, Sibal said that the Supreme Court has already interfered in a similar matter (The Wire Editor Siddharth Varadarajan and Karan Thapar's case). When the bench was still not inclined, Sibal asserted that relegating Sharma to High Court would not be fair and that there must be some "uniformity".

"This is not fair...what has the journalist done? This Court is dealing with the matter...some uniformity must be there. They will lodge another FIR, then what will I do? Don't do this. Society looks upto this Court, please don't do this", Sibal said.

The bench however refused to entertain the challenge to the Assam police FIR and granted interim protection to enable Sharma to approach the High Court.

To put briefly, in the said video, Sharma spoke about a Gauhati High Court case, where the Assam government was questioned about 3000 bighas land allotment to a private cement company (Mahabal Cements) for the purpose of mining in the Dima Hasao region. In the context thereof, Sharma alleged that the Assam government has given 9000 bighas of land to Adani Group and accused Assam CM Himanta Biswa Sarma of prioritizing Adani Group and indulging in communal politics.

Statedly, Sharma has been booked under Sections 152 (endangering sovereignty of the nation), 196 (promoting enmity between different groups) and 197 (imputations prejudicial to national integration and security) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The complainant is one Alok Baruah, who alleged that Sharma's remarks had the effect of provoking communal sentiments and creating feelings of distrust against state authorities.

Notably, the Supreme Court is currently hearing a challenge to Section 152 BNS. Recently, it also granted interim protection from arrest to online news portal-The Wire's Founding Editor Siddharth Varadarajan and Consulting Editor-Karan Thapar in an FIR registered by Assam police under Section 152 BNS.

Appearance: Senior Advocate Kapil Sibal, AoR Sumeer Sodhi (for Sharma)

Case Title: ABHISAR SHARMA Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 338/2025

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