Editors Guild Condemns Assam Police Summons to Journalists Under Sovereignty Law

New Delhi: In a move that has sparked widespread condemnation from press bodies, the Assam Police have summoned senior journalists Siddharth Varadarajan and Karan Thapar of The Wire to Guwahati, days after the Supreme Court granted them protection from "coercive action" in a separate but similar case.

The journalists have been asked to appear before the Crime Branch in Panbazar on August 22, following the registration of a First Information Report (FIR) against them for allegedly endangering India's sovereignty. This new case is believed to be linked to an article published by The Wire that was critical of the government's Operation Sindoor.

The summons has drawn sharp criticism for its timing and alleged procedural irregularities. The Wire has stated that the summons were issued without a dated FIR, without details of the alleged offence, and without providing a copy of the FIR , details the police are legally obligated to furnish.

The new FIR invokes multiple sections of the Bharatiya Nyaya Sanhita (BNS), most notably Section 152, which pertains to acts endangering the sovereignty, unity, and integrity of India. This section is widely viewed by legal experts and press bodies as a repackaged version of the colonial-era sedition law (Section 124A of the IPC), which was effectively paused by the Supreme Court in May 2022 pending a constitutional review.

In addition to Section 152, the police have also invoked sections related to communal enmity, false propaganda, public mischief, abetment, and criminal conspiracy.

Press Bodies Rally in Condemnation

The Editors Guild of India expressed being "extremely disturbed" by the trend of law enforcement agencies using multiple criminal provisions against journalists. The Guild stated that "the very process of responding to notices, summons, and prolonged judicial proceedings becomes a form of punishment," effectively muzzling independent journalism.

Echoing this sentiment, the Mumbai Press Club "strongly condemned" the Assam Police's actions, calling it a "witch hunt." In a statement, the Club urged the journalist fraternity to "stand united in support of The Wire and to resist all attempts to muzzle the press through intimidation and coercion."

The Guild had previously written to the Home Ministry in July 2024, flagging Section 152 and other provisions as posing a "serious risk of misuse against free speech" and urging for procedural safeguards to protect journalists. While maintaining that laws must be respected, the Editors Guild urged the Assam Police to refrain from actions that "could cast even the slightest doubt on their true intent" and reaffirmed that "honest journalism can never be a crime."