Branding of a deceased civilian teacher as a terrorist, without any verification, is a serious journalistic misconduct, capable of fuelling public unrest and harming social harmony, says the court
JAMMU – A court in Jammu and Kashmir’s Poonch has ordered the registration of a First Information Report (FIR) against Zee News and News18 India for allegedly broadcasting false and defamatory content about a teacher during their coverage of the recent Operation Sindoor.
The court of Sub-Judge/Special Mobile Magistrate Poonch Shafeeq Ahmed on Saturday found that the channels’ branding of Qari Mohammad Iqbal, a civilian teacher killed in Pakistani shelling, as a “Pakistani terrorist” affiliated with Lashkar-e-Taiba and involved in the Pulwama terror attack without verification was a serious journalistic misconduct that could fuel public unrest and harm social harmony, Bar and Bench portal reported.
The complainant, advocate Sheikh Mohammad Saleem, said the deceased was a religious teacher at Jamia Zia-ul-Uloom in Poonch and died as a civilian victim of Pakistani shelling.
Zee News and News18 India allegedly broadcast false information about Qari Iqbal, linking him to terrorism without verification.
The court held that the channels’ broadcast caused damage in Poonch, constituting defamation, public mischief, and outraging religious sentiments.
The court ordered the registration of an FIR and a fair, impartial, and time-bound investigation into the matter.
The media coverage, which included the victim’s photograph and full name, was later withdrawn after clarifications surfaced, but not before serious damage was done to the reputation of the deceased and his family, the complainant further added.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 emphasised 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 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 BNS and Section 66 of the Information Technology Act, 2000.
The Pulwama attack occurred on 14 February 2019, when a convoy of vehicles carrying Indian security personnel on the Jammu–Srinagar National Highway was attacked by a vehicle-borne suicide bomber at Lethapora.
Calling the apology tendered by the news channels insufficient to nullify the consequences of the broadcast, the court underscored the duty of the police to act once a cognisable offence is disclosed.
Accordingly, the concerned Station House Officer was ordered to register an FIR within seven days and submit a compliance report.
He has also been asked to conduct a fair, impartial, and time-bound investigation and submit a compliance report within seven days. A copy of the order has been forwarded to the SSP Poonch for supervisory action.
