Institute of Legal and Management Studies

Journalist and YouTuber Abhisar Sharma has approached the Supreme Court against an FIR registered by Assam police under Section 152 of the Bharatiya Nyaya Sanhita.

He says that the FIR was registered after he published a video criticizing Assam government's 'communal politics' and questioning its allotment of 3000 bighas of land to a private entity.

He also challenges the vires of Section 152 BNS (which is stated to have replaced the erstwhile sedition law under the IPC). The matter is listed for hearing on August 28 before a bench of Justices MM Sundresh and N Kotiswar Singh.

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.

The petition has been filed through AoR Sumeer Sodhi.

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