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Supreme Court Grants Abhisar Sharma Four Weeks’ Protection From Arrest, Directs Him to Move Gauhati High Court

The court moved his challenge to BNS Section 152 into the batch of pending petitions.

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Overview

  • Justices M. M. Sundresh and N. Kotiswar Singh declined to entertain the plea to quash the Assam FIR and told Sharma to seek relief before the Gauhati High Court.
  • The bench issued notice to the Union government on Sharma’s plea questioning the constitutional validity of BNS Section 152 and tagged it with similar challenges already before the Supreme Court.
  • The FIR was registered at the Guwahati Crime Branch on a complaint by Alok Baruah over a YouTube video posted on August 8 referencing Gauhati High Court remarks on the allotment of 3,000 bighas in Dima Hasao.
  • Sharma has been booked under multiple BNS provisions, including Sections 152 and 196, with the complaint alleging his commentary could foment communal tension and erode trust in authorities.
  • Senior advocate Kapil Sibal argued Section 152 has become an omnibus tool used against journalists, as the court questioned bypassing the high court but granted interim protection to facilitate Sharma’s approach there.