MediaNama’s Take: The Guwahati Crime Branch’s FIR against journalist Abhisar Sharma, over a remark made in a YouTube video, is extremely concerning. In India, the process is the punishment, and such criminal complaints carry the potential to stifle free speech by financially draining independent journalists. The fact that the police filed a fresh FIR the same day that the court granted relief to the Wire, under the very same section of the BNS, underscores this point.
Both the courts and the police need to ensure that the need for law enforcement does not stile the right to freedom of expression.
What’s The News: Guwahati Crime Branch filed a First Information Report (FIR) against journalist Abhisar Sharma on August 21 for accusing Assam Chief Minister (CM) Himanta Biswa Sarma of engaging in communal politics.
According to Sharma, the police filed the FIR under sections 152, 196 and 197 of the Bharatiya Nyaya Sanhita (BNS). These sections deal with statements endangering national unity and sovereignty, promoting enmity between religious groups, and making statements prejudicial to national integration respectively.
The FIR pertained to a video made by Sharma on statements made by a judge in the Guwahati High Court (HC), regarding the allocation of 3,000 bighas of land to Mahabal Cement, a company allegedly linked to the Adani Group. Sharma argued in the video that the Assam CM was engaging in communal rhetoric to divert public attention from such instances.
He called the FIR complaint baseless and alleged that Sarma and the BJP were themselves guilty of statements endangering communal harmony. He also stated that he intended to legally challenge the FIR.
According to a report from Scroll.in, the complaint came from a member of the student union Akhil Bharatiya Vidyarthi Parishad (ABVP), who alleged that the journalist had denigrated the Assam and Union Governments and thus endangered national sovereignty. He claimed that the journalist “ridiculed the principle of Ram Rajya (the reign of Lord Ram), and openly accused the chief minister of Assam of communal politics”.
Notably, the Gautam Adani-led business conglomerate has categorically denied any links to the cement company granted 3,000 bighas of land in Assam. “Mahabal Cement is not related to, owned by or connected with the Adani Group in any manner whatsoever,” read a statement published by the business group.
Background:
The Assam Police had recently filed multiple FIRs against The Wire’s Founding Editor Siddharth Varadarajan, and journalist Karan Thapar.
The first FIR was filed on July 11 after a BJP…
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