A local court in Jammu and Kashmir’s Poonch district on Saturday directed police to register an FIR against national television channels Zee News and News18 India for allegedly defaming a local civilian teacher by misidentifying him as a “Pakistani terrorist” during their coverage of Operation Sindoor, a recent military response following the Pahalgam terror attack.
The directive was issued by Sub-Judge and Special Mobile Magistrate Shafeeq Ahmed in the case titled Sheikh Mohd Saleem vs. U.T. of J&K through SHO Poonch, based on a complaint filed by advocate Sheikh Mohammad Saleem.
The complaint states that the deceased, Qari Mohammad Iqbal, was a religious teacher at Jamia Zia-ul-Uloom in Poonch who was killed in Pakistani shelling on May 7. However, during live broadcasts on Operation Sindoor, both channels aired segments that falsely portrayed him as a “notorious terrorist commander” linked to the “2019 Pulwama attack and operating from Pakistan-occupied Kashmir”.
The coverage included Qari Iqbal’s full name and photograph, which the channels later retracted after receiving clarifications. However, the complainant argued that the broadcasts caused serious and irreversible harm to the teacher’s family and reputation in the local community.
During the hearing, police argued that since the broadcasts originated from Delhi, the Poonch Court had no jurisdiction. The court dismissed this, citing Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows for jurisdiction where the consequences of an offence—such as defamation—are felt.
The court emphasized that the damage occurred in Poonch, where the victim lived, worked, and died, affirming its territorial jurisdiction.
In strong remarks, the court criticized the channels’ actions, stating:
“Branding a deceased civilian teacher as a terrorist without any verification amounts to journalistic misconduct, capable of provoking unrest and harming social harmony.”
The court acknowledged that while media freedom is protected under Article 19(1)(a) of the Constitution, it is subject to reasonable restrictions under Article 19(2), especially in matters involving defamation, decency, and public order.
Despite the channels’ later apology, the judge said it was insufficient to undo the damage already inflicted. The broadcast amounted to defamation, public mischief, and outraging religious sentiments, offences punishable under Sections 353(2), 356, and 196 of the BNSS, along with Section 66 of the Information Technology Act, 2000.
The Station House Officer (SHO) of Poonch has been instructed to register an FIR within seven days and conduct a fair, impartial, and time-bound investigation. A compliance report is to be submitted to the court, and a copy of the order has also been forwarded to the SSP Poonch for supervisory action.
