The Supreme Court on Thursday refused to entertain journalist and YouTuber Abhisar Sharma’s plea challenging an FIR registered by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS). However, the Court gave him interim protection for four weeks to approach the Gauhati High Court for appropriate relief.
A bench of Justices M.M. Sundresh and N. Kotiswar Singh passed the order while hearing arguments from Senior Advocate Kapil Sibal, who appeared on behalf of Sharma.
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The Assam Police registered the FIR against Sharma over a video uploaded on his YouTube channel. In the video, he criticised the state government, alleged communal politics, and questioned the allotment of 3000 bighas of land to a private company (Mahabal Cements) for mining in Dima Hasao.
Sharma also claimed that the Assam government had allotted 9000 bighas of land to Adani Group and accused Chief Minister Himanta Biswa Sarma of favouring the group and prioritising communal politics.
Based on these remarks, Sharma has been booked under:
- Section 152, BNS – Endangering sovereignty of the nation
- Section 196, BNS – Promoting enmity between groups
- Section 197, BNS – Imputations prejudicial to national integration and security
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The complaint was filed by Alok Baruah, who alleged that Sharma’s remarks could provoke communal sentiments and create distrust against the state government.
During the hearing, Kapil Sibal argued that Section 152 of the BNS is being misused and has become an “omnibus provision invoked against anybody.”
Sibal further contended that Sharma should not be forced to approach the High Court, especially since the Supreme Court had already intervened in a similar matter involving The Wire’s Founding Editor Siddharth Varadarajan and Consulting Editor Karan Thapar.
He urged the Court for consistency, saying:
“This is not fair… what has the journalist done? This Court is dealing with the matter… some uniformity must be there. They will lodge another FIR, then what will I do? Don’t do this. Society looks up to this Court, please don’t do this.”
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However, the bench was not inclined to entertain Sharma’s plea against the FIR. The Court instead granted him four weeks of interim protection so that he could seek relief from the Gauhati High Court.
The Supreme Court is already hearing petitions that challenge the constitutionality of Section 152 of the BNS. Recently, the Court granted protection to Varadarajan and Thapar in a similar case registered by the Assam Police. Sharma’s case has now been tagged with this ongoing challenge.
Case Title: Abhisar Sharma vs. Union of India & Ors.
Case No.: W.P.(Crl.) No. 338/2025
