A local court in Jammu and Kashmir’s Poonch district on Saturday, June 28, directed police to file an FIR against national news channels Zee News and News18 India for allegedly defaming a civilian teacher by wrongly identifying him as a “Pakistani terrorist” during their coverage of Operation Sindoor, the military’s recent response to the Pahalgam terror attack.
The directive was issued by Sub-Judge and Special Mobile Magistrate Shafeeq Ahmed in response to a complaint by Advocate Sheikh Mohammad Saleem.
Victim misidentified during live broadcasts
The complaint states that the deceased, Qari Mohammad Iqbal, a religious teacher at Jamia Zia-ul-Uloom in Poonch, was killed in Pakistani shelling on May 7. However, during their Operation Sindoor broadcasts, the two channels aired reports wrongly portraying him as a “notorious terrorist commander” associated with the “2019 Pulwama attack and operating from Pakistan-occupied Kashmir”.
The broadcasts included Iqbal’s full name and photograph, which were later retracted after clarification. Despite this, the complainant argued that the damage to the teacher’s reputation and the distress caused to his family were severe and irreversible.
During the proceedings, police contended that since the broadcasts originated in Delhi, the Poonch court lacked jurisdiction. However, the court rejected this, citing Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which grants jurisdiction where the consequences of an offence like defamation are felt.
The court stressed that the impact was local, stating the victim “lived, worked, and died” in Poonch, and therefore, the court had territorial jurisdiction.
The court stated, “Branding a deceased civilian teacher as a terrorist without any verification amounts to journalistic misconduct, capable of provoking unrest and harming social harmony.”
While noting that freedom of the press is protected under Article 19(1)(a) of the Constitution, the court emphasised that it is subject to reasonable restrictions under Article 19(2), particularly in cases involving defamation, public order, and decency.
Police directed to file FIR, submit compliance report
The court further stated that despite the channels’ later apology, it did not undo the harm caused. The act amounted to defamation, public mischief, and outraging religious sentiments offences punishable under Sections 353(2), 356, and 196 of the BNSS, and Section 66 of the Information Technology Act, 2000.
The Station House Officer (SHO) of Poonch has been ordered to register an FIR within seven days and carry out a fair, impartial, and time-bound investigation. A compliance report must be submitted to the court, with a copy of the order sent to the Senior Superintendent of Police (SSP) Poonch for supervisory action.
Follow on Twitter | Posted by Tamreen Sultana | 
