SC shields journalist Siddharth Varadarajan from arrest in Operation Sindoor case, questions sedition-like law

The Supreme Court on August 12 granted interim protection from arrest to Siddharth Varadarajan, editor of The Wire, in a case filed by Assam Police over an article on Operation Sindoor, questioning the constitutional validity of a sweeping penal provision that critics say resurrects colonial-era sedition.

The FIR, lodged under Section 152 of the Bharatiya Nyaya Sanhita (BNS) — which criminalises acts “endangering sovereignty, unity and integrity of India” — has drawn legal and political scrutiny for its potential to stifle press freedom. The Foundation for Independent Journalism, which runs The Wire, has petitioned the court to strike it down, arguing it mirrors the repealed Section 124A of the Indian Penal Code.

A bench of Justices Surya Kant and Joymalya Bagchi issued notice to the Centre, while remarking that custodial interrogation of Varadarajan was unnecessary given the matter involved a published article. Justice Kant also pressed for clarity on how the law defines threats to sovereignty, warning against legislative overreach: “Political dissent cannot be equated with endangering sovereignty… inviting the legislature to define it could be dangerous.”

Senior advocate Nitya Ramakrishnan, appearing for the petitioners, said the provision’s vagueness could create a chilling effect on free speech. The Solicitor General Tushar Mehta countered, questioning whether media should be treated as a special class, prompting Justice Bagchi to stress that the issue was about balancing free expression with public order.

The court has tagged the plea with another pending petition challenging Section 152 and will hear the matter further after responses from the Central government.