File FIR against channels that showed teacher as Lashkar terrorist killed during Op Sindoor: J&K court

India launched Operation Sindoor and hit nine terror sites in Pakistan and Pakistan occupied Kashmir in retaliation to the Pahalgam terror attack on April 22 in which 26 people were killed.

Referring to a report by SHO Poonch that two news channels had initially aired that Iqbal was a Pakistan terrorist, later withdrew it and issued an apology following clarification, Sub Judge/Special Mobile Magistrate, Poonch, Sjafeeq Ahmed, said, “the subsequent apology by the news channels does not cure the mischief already caused’’.

“An apology may have mitigating value at the state of sentencing, but does not preclude the statutory duty of police to register an FIR once a cognizable offence is disclosed,” the judge observed, directing the SHO of Poonch Police Station to register an FIR under Sections 353(2) (public mischief) ,356 (defamation) and 196(1) (outraging religious sentiments) of BNS, 2023, read with Section 66 of the Information Technology Act, 2000.

“While freedom of the press is a vital part of democracy protected under Article 19(1)(a) of the Constitution, it is subject to reasonable restrictions under Article 19(2) on grounds such as defamation, public order, decency and morality,” the judge said.

“In the present case, the act of branding a deceased civilian teacher of a local religious seminary as a Pakistani terrorist without any verification, particularly during a period of India-Pakistan hostilities, cannot be dismissed as a mere journalistic lapse,” he said. “Such conduct amounts to public mischief and defamation, capable of causing public outrage, disturbing social harmony, and tarnishing the reputation of the deceased and the institution he served,’’ the judge said.

“… In today’s digital era, misinformation can spread rapidly, creating confusion and unrest,” the judge said.

An application seeking registration of an FIR against the news channels was filed by advocate Sheikh Mohammad Saleem, who claimed that the news channels not only displayed his name and photograph portraying him as an LeT terrorist, but also linked him to the 2019 Pulwama terror attack.

Referring to the SHO’s report that the family members of the deceased did not lodge any complaint and the broadcast of the news had originated from Delhi, the judge said there is no legal bar to any person with knowledge of the offence, including a public spirited citizen, to initiate such action.

The SHO’s second contention about the territorial jurisdiction in view of broadcast originating from Delhi also fails in the light of Section 199 BNS which provides that when an act and its consequences occur in different places, jurisdiction arises in either location, the judge said. In the present case, the consequence of the broadcast — defamation, emotional injury and public unrest — occurred in Poonch, where the deceased resided, served and was martyred, he pointed out.

Earlier, Iqbal’s family members had served legal notice through advocate Sheikh Shakeel Ahmed to both the news channels seeking damages of Rs 5 crore each.