Prominent journalists’ organizations, including the Press Club of India (PCI) and the Indian Women Press Corps, issued strong condemnations of sedition charges filed by the Assam Police against Siddharth Varadarajan and Karan Thapar, senior journalists associated with The Wire. The charges, lodged under Section 152 of the Bharatiya Nyaya Sanhita (BNS) and other provisions, stem from a First Information Report (FIR) filed by the Guwahati Crime Branch, with summons issued on August 12, 2025, requiring the journalists to appear on August 22. This marks the second FIR against The Wire in two months, raising alarms about targeted media suppression, especially as the Supreme Court had granted protection to The Wire’s journalists from coercive actions in a prior case on the same day the new summons were issued. This article provides a detailed analysis of the charges, the response from journalists’ bodies, the legal and political context, and the broader implications for press freedom in India as of August 19, 2025.
Detailed Account of the Sedition Charges
Nature of the Charges
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FIR Details: The Guwahati Crime Branch registered FIR No. 03/2025 against Varadarajan and Thapar, invoking Sections 152, 196, 197(1)(D)/3(6), 353, 45, and 61 of the BNS. Section 152, which pertains to “acts endangering sovereignty, unity, and integrity of India,” is widely regarded as a rebranded version of the colonial-era Section 124A of the Indian Penal Code, stayed by the Supreme Court in May 2022 for its potential misuse.
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Summons Issued: On August 12, 2025, Police Inspector Soumarjyoti Ray issued identical summons under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directing the journalists to appear at the Crime Branch office in Panbazaar, Guwahati, on August 22, 2025. The summons warned that failure to comply could result in arrest.
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Lack of Transparency: The Assam Police provided no specific details about the allegations or content triggering the FIR, nor was a copy of the FIR included with the summons, violating Supreme Court and Karnataka High Court rulings mandating that FIRs be made public and shared with the accused.
Connection to Prior Case
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Morigaon FIR: The charges follow a previous FIR (0181/2025) filed on July 11, 2025, in Morigaon, Assam, linked to a The Wire article published on June 28, 2025, titled “‘IAF Lost Fighter Jets to Pak Because of Political Leadership’s Constraints’: Indian Defence Attache.” This article, related to “Operation Sindoor,” prompted a complaint by a BJP officeholder, alleging sedition under Section 152 BNS.
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Supreme Court Protection: On August 12, 2025, a Supreme Court bench comprising Justices Surya Kant and Joymalya Bagchi granted Varadarajan and all The Wire journalists protection from coercive action in the Morigaon case. The court also issued a notice on The Wire’s writ petition challenging the constitutionality of Section 152 BNS, highlighting its similarity to the stayed Section 124A.
Alleged Trigger
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Operation Sindoor: While the exact trigger for the new FIR remains undisclosed, posts on X suggest it may be linked to The Wire’s reporting or interviews related to Operation Sindoor, a sensitive defense operation. A complaint filed against Thapar for allegedly amplifying “anti-India views” via an interview with Pakistani journalist Najam Sethi underscores the contentious nature of such coverage.
Response from Journalists’ Bodies
Journalists’ organizations have rallied against the charges, framing them as an attack on press freedom:
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Press Club of India (PCI): In a statement, PCI expressed dismay at the “vindictive actions” of the Assam Police, noting the suspicious timing of the August 12 summons, issued on the same day as the Supreme Court’s protective order. PCI demanded the immediate withdrawal of the FIR and challenged the validity of Section 152 BNS, calling it a “repackaged” sedition law designed to suppress dissent.
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Indian Women Press Corps: The organization condemned the repeated targeting of The Wire, highlighting the second FIR in two months as evidence of a concerted effort to intimidate independent media.
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Broader Advocacy: Both groups called for the protection of journalistic rights and free speech, urging the government to cease using sedition laws to silence critical reporting. They emphasized that the lack of FIR transparency violates legal norms and undermines due process.
Varadarajan and Thapar responded to the summons, affirming their willingness to cooperate with any investigation but insisting on receiving a copy of the FIR and details of the allegations, as required by law. They cited Supreme Court precedents and a Karnataka High Court ruling that deems summons without an accompanying FIR invalid.
Legal and Political Context
Historical Precedents
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Past Targeting of The Wire: This is not the first instance of legal action against The Wire. In 2020, Uttar Pradesh Police filed FIRs against Varadarajan for reporting on Chief Minister Yogi Adityanath’s attendance at a religious event during the COVID-19 lockdown, prompting condemnation from over 4,600 jurists, academics, and activists, including Romila Thapar and Farhan Akhtar.
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Supreme Court’s 2022 Stay: In May 2022, the Supreme Court stayed Section 124A of the Indian Penal Code, urging the government to reconsider its provisions due to its frequent misuse against journalists and dissenters. The reintroduction of similar provisions under Section 152 BNS has sparked concerns about circumventing this ruling.
Political Dynamics
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Assam Government’s Role: The FIRs align with a broader pattern of legal actions against independent media in Assam, led by Chief Minister Himanta Biswa Sarma. The Morigaon FIR was initiated by a BJP officeholder, suggesting political motivations behind the charges.
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Geopolitical Sensitivities: The charges, potentially tied to Operation Sindoor, reflect heightened sensitivity around defense-related reporting, especially amid India’s complex relations with neighboring countries like Pakistan and China.
Economic and Strategic Implications
The sedition charges carry significant implications for India’s media landscape and democratic framework:
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Press Freedom Erosion: The use of Section 152 BNS, despite the 2022 stay on its predecessor, threatens India’s press freedom, already ranked 142nd out of 180 in the 2025 RSF World Press Freedom Index. This could deter investigative journalism on critical issues.
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Chilling Effect: The threat of arrest and opaque legal processes may discourage journalists from covering sensitive topics, stifling public discourse and accountability, as seen in past cases against journalists like Siddique Kappan (2021).
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Global Reputation: Continued media suppression could harm India’s democratic credentials, impacting foreign investment and its appeal as a $4.1 trillion economy, particularly in sectors like IT, which rely on a free flow of information.
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Legal Precedent Potential: The Wire’s challenge to Section 152 BNS, supported by the Supreme Court’s notice to the Assam government, could set a landmark precedent for reforming sedition laws, strengthening constitutional protections for free speech.
Challenges
The situation poses several challenges:
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Media Intimidation: The repeated FIRs against The Wire reflect a pattern of legal harassment, as seen in earlier cases against Varadarajan (2020) and other journalists like Rajdeep Sardesai (2021), aimed at silencing independent voices.
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Transparency Deficit: The Assam Police’s refusal to disclose FIR details violates judicial mandates, complicating the journalists’ defense and raising questions about due process.
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Judicial Burden: The ongoing legal battle, including The Wire’s writ petition, adds to the judiciary’s workload, potentially delaying resolution and prolonging uncertainty for the journalists.
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Political Backlash: The charges, linked to sensitive defense reporting, may escalate tensions between the media and the Assam government, further polarizing public discourse.
Opportunities
Despite the challenges, the situation presents opportunities:
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Strengthening Press Freedom: Widespread condemnation from PCI and other groups could galvanize advocacy for stronger media protections, building on the 2022 Supreme Court stay on Section 124A.
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Judicial Reform: A successful challenge to Section 152 BNS could limit its misuse, reinforcing constitutional safeguards for free speech and setting a global precedent for press freedom.
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Civil Society Mobilization: Support from organizations like the Bianca Jagger Human Rights Foundation, as seen in 2020, could rally international and domestic pressure to drop the charges.
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Media Resilience: The Wire’s commitment to challenging the FIR and continuing its reporting could inspire other outlets to resist intimidation, bolstered by public funding appeals, as noted in their 2025 campaigns.
