Thread by @LiveLawIndia

#SupremeCourt hears writ petition filed by 'Foundation for Independent Journalism' (a non-profit which runs #TheWire) and The Wire's Founding Editor Siddharth Varadarajan challenging Section 152 of BNS (which is stated to have brough back the #sedition law)

Bench: Justices Surya Kant and Joymalya Bagchi

Sr Adv Nitya Ramakrishnan (for petitioners): This Court recently passed an order issuing notice on another petition challenging S.152...the new provision is vague but same in effect

J Bagchi: Is the potentiality of abuse a ground to declare a law unconstitutional? Show us an authority on that. There's difference between implementation and power to legislate

Ramakrishnan: Vagueness is an accepted ground

Court: There has to be a clear threat to national sovereignty, otherwise section is not attracted

Nityakrishnan: S. 152 a sheer expression without anything more.

J Kant: How can it be statically defined that what will be an act of endangering sovereignty? For instance, one can argue that political dissent can't endanger sovereignty...Inviting legislature to define 'endangering sovereignty' is a big danger

SG Tushar Mehta highlights that now there is a new explanation

J Kant: So now there's a negative explanation

#SupremeCourt #Sedition

Nityakrishnan: There's a proneness to misuse...targeting of media, the chilling effect

J Kant: Any provision in penal law can be misused...

Nityakrishnan: Present case, where I am seeking interim orders, is an example of misuse. Media people picked up...

#SupremeCourt #Sedition

SG: While referring to Constitution Bench, this court has observed that if fresh case is registered under S.124A IPC, aggrieved person can approach...merely because vires is challenged, it can't be used as anticipatory bail plea...

J Kant: Where someone has written an article, normally when media people are entangled...they would organize a programme, write an article...basically these are matters where you don't require custodial interrogation

#SupremeCourt #Sedition

SG: Anticipatory bail should be granted by which court? Should we classify media people as a separate class?

J Bagchi: That's not what is being sought. it's about balancing fundamental right to free speech with protection of public order

SG opposes interim relief.

#SupremeCourt #Sedition

Order: Issue notice. Tag with...Meanwhile, the members of petitioner-foundation and petitioner No.2 (The Wire Founding Editor-Siddharth Varadarajan) against whom FIR No.181/2025 has been registered on 11.07.2025 at PS Mori Gaon, Assam u/s 152, etc. of BNS may join investigation as and when required however no coercive action shall be taken against them.

#SupremeCourt #Sedition