'Not Mere Journalistic Lapse' : J&K Court Orders FIR Against News Channels For Wrongfully Branding Poonch Resident 'Pakistani Terrorist'

A local Court in Poonch has directed the police to register an FIR against editors and anchors of Zee News, News18, and other unnamed national television media houses for wrongfully branding a local teacher as a “Pakistani terrorist” without verification, following his death in cross-border shelling after the Pahalgam attack. The Court observed that the mistake cannot be considered as a "journalistic lapse" as such reporting, during the prevelance of hostilities between India and Pakistan, can cause public mischief and disturb social harmony. "It is important to underscore that 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 restriction, under Article I9(2) on grounds such as defamation, public order, decency and morality. 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 Indo-Pak hostilities, cannot be dismissed as a mere journalistic lapse. Such conduct amounts to public mischief and defamation, capable of causing public outrage, disturbing social harmory, and tarnishing the reputation of the deceased and the institution he served," the Court observed. The Court warned that false information spreads quickly on the internet, and there was a higher responsibility on the media channels to ensure that great effort is taken to publish information fairly and accurately.The Court also observed that the subsequent apology published by the channels will not cure the mischief they caused."The subsequent apology by the news channels does not cure the mischief already caused. An apology may have mitigating value at the stage of sentencing but does not preclude the statutory duty of police to register on FIR once a cognizable offence is disclosed." The Sub-Judge/Mobile Magistrate, Poonch, Shafeeq Ahmed, was acteing on an application filed by Advocate Sheikh Mohd Saleem under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking directions to the Station House Officer (SHO), Police Station Poonch, for registration of a cognizable case against the media outlets. In response to the court's notice, the SHO of Police Station Poonch confirmed that Iqbal had indeed died due to Pakistani shelling and that some news networks had initially labelled him a terrorist. These claims were later retracted, and apologies issued after clarification from local authorities. However, the SHO objected no formal complaint had been lodged by the deceased's family. Rejecting the SHO's objections, the court cited the Supreme Court's judgment in Lalita Kumari v. Government of U.P. 2014, holding that registration of an FIR is mandatory upon disclosure of a cognizable offence, irrespective of whether the complainant is a family member or a public-spirited individual. The court said that "the applicant, being a local advocate and citizen, has sufficient standing to invoke the law, particularly where public interest and communal harmony are at stake,” The SHO also raised the contention that there was no territorial jurisdiction as the news broadcast originated from Delhi. The court said that "given the reach of satellite media, it is the place where defamatory content is consumed and causes reputational damage that determines the jurisdiction. Accordingly, the objection to territorial jurisdiction is untenable." According to the petition, Qari Mohd Iqbal, a teacher at Jamia Zia-ul-Uloom, and a resident of Qazi Mahra, Poonch, was killed in heavy shelling by Pakistan. The news channels, including Zee News and News18, aired breaking coverage alleging he was a “Pakistani terrorist affiliated with Lashkar-e-Taiba.” The petitioner argued that the reportage was factually incorrect, unverified, and defamatory, causing “irreparable injury” to the deceased's dignity, distress to his family, and “deep offence to the religious sentiments” of the community. The court directed the Station House Officer (SHO), Poonch, to file an FIR under the following sections:Section 353(2) [Public mischief], Section 356 [Defamation], Section 196(1)[Promoting enmity between religious groups] of the Bharatiya Nyaya Sanhita, 2023 and Section 66 of the Information Technology Act, 2000 [Fraudulent act using computer resources]. Case-Title: Sheikh Mohammad Saleem vs UT of J&K, 2025 Sheikh Mohammad Saleem complainant in person. Click here to read the order

'Not Mere Journalistic Lapse' : J&K Court Orders FIR Against News Channels For Wrongfully Branding Poonch Resident 'Pakistani Terrorist'

Aleem Syeed

The Court observed that the apology by the channels will not cure the mischief they caused.

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