Sedition redux: On trampling on press freedom.
New sedition law threatens freedom of expression further.
Filing frivolous cases against publications and summoning journalists without proper investigation or perusal of material evidence have become a part of the police playbook in States ruled by vindictive politicians who brook no criticism. The Assam Police’s decision to reportedly summon the founding editor Siddharth Varadarajan and consulting editor Karan Thapar of The Wire under Section 152, among others, of the BNS, is yet another case of the state trampling on press freedom. The fact that the summons were issued by the Guwahati Crime Branch to the journalists in a fresh sedition FIR on the same day, August 12, 2025, when the Supreme Court had issued notice on The Wire’s petition challenging the constitutional validity of the new sedition law (Section 152) and had protected them from any “ coercive action” by the Assam Police, makes these actions egregious. The summons, apart from another one related to a case registered at the Morigaon Police Station, seem to pertain to a report in The Wire on Operation Sindoor. The Wire has also pointed to other disturbing issues — the summons do not carry the FIR date or provide any details of the alleged offence or include a copy of the FIR — all of which are mandatory according to the BNSS sections associated with the summons. In addition, keeping the FIRs secret and not mentioning the reasons for the summons hint at police intimidation.
Critics of Section 152 had rightly feared that it was a rebranded version of the colonial-era sedition law, whose cases the Court had kept in abeyance in 2022. Section 152 has even more expansive and dangerous provisions, setting the bar much lower for prosecution than the previous sedition law. Terms such as “knowingly” could allow for prosecution even where there was no malicious intent to cause harm, unlike Section 124A’s strict requirement to prove clear intent to incite disaffection. The vague language around “ sovereignty, unity, and integrity of India” provides dangerous latitude to law enforcement agencies. Even legitimate acts such as criticism of government policy could be construed as “ endangering unity”. Without clear definitions or safeguards, Section 152 can target individuals for merely expressing opinions that authorities deem threatening. This law’s invocation against journalists questioning government narratives creates a chilling effect on press freedom. The Court’s intervention in The Wire’s case, to examine Section 152’s constitutional validity while protecting journalists from coercive action, acknowledges the potential for abuse. However, the Assam Police’s defiant response suggests that without stronger judicial oversight and clearer guidelines, Section 152 will continue to be weaponised against dissent. The onus now lies on the Court to recognise the unconstitutionality of the sedition laws, in their earlier form or rebranded, which have no place in a democratic society.