Operation Sindoor.
Poonch Court Orders FIR Against Zee News, News18 for Defamatory Operation Sindoor Coverage: Poonch, Jammu and Kashmir – In a significant ruling underscoring media accountability, a court in Poonch, Jammu and Kashmir, has directed the registration of a First Information Report (FIR) against prominent news channels Zee News and News18 India. The channels are accused of broadcasting false and defamatory content, including identifying a deceased local teacher as a “Pakistani terrorist” during their coverage of “Operation Sindoor,” India’s recent military response after the Pahalgam attack.
Sub-Judge/Special Mobile Magistrate Shafeeq Ahmed passed the order on Saturday, acting on a complaint filed by advocate Sheikh Mohammad Saleem. Saleem alleged that during their live reporting on “Operation Sindoor,” both national channels falsely identified Qari Mohammad Iqbal, a religious teacher at Jamia Zia-ul-Uloom in Poonch who was killed in Pakistani shelling on May 7, as a “notorious commander” of Lashkar-e-Toiba. The channels allegedly linked him to the Pulwama terror attack, claiming he was killed in Pakistan-occupied Kashmir, all “without any verification from official sources.”
The complainant highlighted that Qari Iqbal was a respected civilian victim of Pakistani shelling, not a terrorist. The channels’ coverage, which included the deceased’s photograph and full name, was later withdrawn after clarifications emerged. However, Saleem argued that by then, “serious damage was done to the reputation of the deceased and his family.”
Jurisdiction and Media Responsibility
During the hearing, the police had initially argued that the Poonch Court lacked territorial jurisdiction, as the broadcast originated from Delhi. However, the Court rejected this objection. Citing Section 199 of the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), the Court held that when the consequence of an act, such as defamation, occurs in a different location, jurisdiction is valid in either place. The Court emphasized that the actual damage to the deceased’s reputation and his family occurred in Poonch, where he lived, worked, and was martyred.
The Court also made strong observations regarding media responsibility. While acknowledging the press’s protection under Article 19(1)(a) of the Constitution (freedom of speech and expression), the judge stressed that this right is subject to reasonable restrictions under Article 19(2), particularly concerning matters of defamation, public order, and decency.
“Serious Journalistic Misconduct”
The sub-judge termed the branding of a deceased civilian teacher as a terrorist “without any verification” as “serious journalistic misconduct.” Such actions, the Court noted, are “capable of fuelling public unrest and harming social harmony.”
The Court further observed that even though the news channels later issued an apology, their initial broadcast linking Qari Iqbal to the 2019 Pulwama terror attack was aired without factual verification. This, the Court found, amounted to offenses including defamation, public mischief, and outraging religious sentiments, punishable under Sections 353(2) (statements conducing to public mischief), 356 (defamation), and 196 (promoting enmity between different groups) of the Bharatiya Nyaya Sanhita (BNS), and Section 66 (computer related offenses) of the Information Technology Act, 2000.
Calling the subsequent apology “insufficient to nullify the consequences of the broadcast,” the court underscored the duty of the police to act once a cognizable offense is disclosed.
Accordingly, the concerned Station House Officer (SHO) was ordered to register an FIR within seven days and submit a compliance report. The SHO has also been directed to conduct a “fair, impartial, and time-bound investigation.” A copy of the order has been forwarded to the Senior Superintendent of Police (SSP) Poonch for supervisory action, ensuring prompt adherence to the court’s directive.
This ruling sends a clear message about the legal ramifications of unverified and potentially harmful reporting, particularly in sensitive matters involving national security and public sentiment.
