Jammu and Kashmir’s Poonch Court on Saturday directed the registration of a first information report (FIR) against news channels, Zee News and News18 India, for allegedly broadcasting false and defamatory content about a teacher during their coverage of Operation Sindoor, the country's recent military operation against Pakistan after the Pahalgam attack.
Sub-Judge/Special Mobile Magistrate Poonch Shafeeq Ahmed passed the order on a complaint filed by advocate Sheikh Mohammad Saleem, who alleged that both national channels falsely identified Qari Mohammad Iqbal, a local teacher killed in Pakistani shelling on May 7 as a “Pakistani terrorist” affiliated with Lashkar-e-Toiba and involved in the Pulwama terror attack.Sheikh submitted before the Court that the deceased, Qari Iqbal, was a religious teacher at Jamia Zia-ul-Uloom in Poonch and died as a civilian victim of Pakistani shelling.
However, Zee News and News18 India, during live reporting on Operation Sindoor, aired stories branding him as a “notorious commander” killed in Pak occupied Kashmir, falsely linking him to terrorism without any verification from official sources, he added.The coverage, which included his photograph and full name, was later withdrawn after clarifications surfaced but not before serious damage was done to the reputation of the deceased and his family, the complainant further added.
During the hearing, the police argued that the matter fell outside the territorial jurisdiction of the Poonch Court as the broadcast originated from Delhi.However, the Court rejected the objection, holding that under Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), when the consequence of an act like defamation occurs in a different location, jurisdiction is valid in either place. The Court emphasized that the damage occurred in Poonch, where the deceased lived, worked and was martyred.
The Court also made strong observations on media responsibility, stating that while the press enjoys protection under Article 19(1)(a) of the Constitution, this right is subject to reasonable restrictions under Article 19(2), especially in cases involving defamation, public order and decency.The judge termed the branding of a deceased civilian teacher as a terrorist “without any verification” as serious journalistic misconduct, capable of fuelling public unrest and harming social harmony.
The Court also noted that even though the news channels later issued an apology, their initial broadcast which linked Qari Iqbal to the 2019 Pulwama terror attack was aired without factual verification and amounted to defamation, public mischief, and outraging religious sentiments, offences punishable under Sections 353(2), 356, and 196 of the Bharatiya Nyaya Sanhita (BNS) and Section 66 of the Information Technology Act, 2000.
Calling the apology insufficient to nullify the consequences of the broadcast, the court underscored the duty of the police to act once a cognizable offence is disclosed.Accordingly, the concerned Station House Officer was ordered to register an FIR within seven days and submit a compliance report.
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