J&K Court Orders FIR Against Zee News, News18 and Others For Defaming an Islamic Teacher as a ‘Terrorist’

Srinagar: A court has ordered the Jammu and Kashmir police to file an FIR against Zee News, News18 and other unnamed editors and anchors of TV news networks who falsely labelled a teacher of an Islamic seminary in Poonch as a 'Pakistani terrorist' after his tragic demise during the India-Pakistan military conflict last month.

The court of sub-judge Shafeeq Ahmed on Saturday (June 28) observed that the apology by the accused “does not cure the mischief” caused by their “irresponsible reporting” during a period of heightened tensions in Jammu and Kashmir after India launched ‘Operation Sindoor’ against the terrorist bases in Pakistan and Pakistan-occupied J&K.

The court asked the J&K police to register an FIR under Sections 353 (2) (public mischief), 356 (defamation) and 196 (1) (promoting enmity between different religious groups) of the Bharatiya Nyaya Sanhita (BNS), 2023, along with section 66 of the Information Technology Act, 2000 (dishonest or fraudulent act using computer).

The FIR has been ordered against “certain news anchors and editorial personnel of national television media houses namely Zee News, News18 and others” for their misleading coverage in the aftermath of the demise of Qari Mohammad Iqbal who worked as a teacher at Jamia Zia-ul-Uloom, one of J&K’s largest Islamic seminaries in Poonch district.

Iqbal was killed in Pakistan’s artillery firing on the morning of May 7 while he was out buying groceries for the students' meal.

The Wire was among the first news outlets which reported the death of Iqbal, one of 12 casualties in Poonch who came under Pakistan’s heavy artillery firing along the 740-km Line of Control in the aftermath of ‘Operation Sindoor’.

Some national media outlets had falsely labelled Iqbal as a "Pakistani terrorist" affiliated with the proscribed Lashkar-e-Tayyeba (LeT) while describing his demise as a "success" for security forces.

Republic World labelled Iqbal a “top LeT commander, involved in major terror attacks, including Pulwama”, CNN News18 described him “Lashkar terrorist” while Zee News called him a “terrorist” killed during Operation Sindoor. 

Residents of Poonch who knew Iqbal had staged a protest over the false accusation, prompting a J&K police advisory which warned of “legal action” against the misleading description of a “respected religious figure.”

“Misreporting of such sensitive incidents not only causes unnecessary panic but also disrespects the dignity of the deceased and the sentiments of the bereaved family,” the police advisory had noted, prompting the accused news channels to apologise.

“An apology may have mitigating value at the stage of sentencing but does not preclude the statutory duty of police to register an FIR once a cognizable offence is disclosed,” the court said on Saturday while ordering the Poonch police to carry out a “fair, impartial and time-bound investigation” into the case. 

The station house officer (SHO) of Poonch police station was also directed to file a compliance report within seven days. 

The court observed that while the freedom of the press was a “vital part of democracy protected under Article 19(1)(a) of the Constitution”, this freedom was “subject to reasonable restrictions under Article 19(2) on the grounds of defamation, public order, decency or morality".

“In the present act, 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,” the court said. 

The court noted that media houses have “ethical and constitutional obligation” to keep their reports “accurate, fair, and verified”. 

“Freedom of the press does not grant a license to publish defamatory or misleading material, and when such conduct results in serious harm to individuals or society at large, it must be addressed in accordance with law,” it said.

The court noted that the misleading reportage by the accused has caused distress to his family, damaged the reputation of the seminary and hurt the religious sentiments of the majority Muslim community in Jammu and Kashmir.

Earlier, Sheikh Mohd Saleem, an advocate based in Poonch, had filed an application in the court under section 175 (3) of the BNSS, seeking direction to the Poonch SHO to file an FIR against the accused.

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