A Poonch court has ordered FIRs against Zee News and News18 India for falsely labeling a deceased teacher as a terrorist during Operation Sindoor coverage. The court slammed the channels for spreading unverified and defamatory content.
In a recent legal development, the Poonch Court in Jammu and Kashmir has directed the police to register an FIR against two prominent national news channels — Zee News and News18 India — for allegedly airing false and defamatory news about a local teacher during their coverage of Operation Sindoor, the military operation launched by India in response to the Pahalgam terror attack.
The order was passed on Saturday by Sub-Judge and Special Mobile Magistrate of Poonch, Shafeeq Ahmed, based on a complaint filed by advocate Sheikh Mohammad Saleem.
In his complaint, Saleem claimed that both channels wrongly identified a local civilian, Qari Mohammad Iqbal, as a Pakistani terrorist.
Qari Iqbal, a religious teacher at Jamia Zia-ul-Uloom in Poonch, was killed in Pakistani shelling on May 7, but was falsely reported by the news channels as a “notorious commander” linked to the banned terrorist group Lashkar-e-Toiba and as being involved in the 2019 Pulwama attack.
According to the complaint, Zee News and News18 India broadcasted this claim during their live reporting of Operation Sindoor without confirming the information from any official sources.
The broadcast even included the photograph and full name of the deceased, causing immense distress to his family and damaging his reputation posthumously. The channels later removed the content and issued a clarification, but only after public backlash and clarifications surfaced.
The complainant said that this misreporting not only harmed the dignity of the deceased but also brought emotional trauma to his family.
He emphasized that Qari Iqbal was an innocent civilian and a respected religious teacher in his area.
The police, during the court hearing, argued that since the broadcasts originated from Delhi, the Poonch court did not have the jurisdiction to hear the matter.
However, the Court firmly rejected this argument, citing Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which states that in cases such as defamation, where the harm caused by an act occurs in a place different from where it originated, both places hold jurisdiction.
The court observed:
“Under Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), when the consequence of an act like defamation occurs in a different location, jurisdiction is valid in either place.”
The judge made it clear that since the deceased lived, worked, and lost his life in Poonch, the consequences of the defamatory act were felt in Poonch, giving the local court the right to take cognizance.
Furthermore, the Court strongly criticized the news channels’ conduct and stressed on the importance of responsible journalism.
It stated:
“While the press enjoys protection under Article 19(1)(a) of the Constitution, this right is subject to reasonable restrictions under Article 19(2), especially in cases involving defamation, public order and decency.”
The Court expressed concern over the serious harm caused by such unchecked media reporting and added:
“Branding of a deceased civilian teacher as a terrorist without any verification is serious journalistic misconduct, capable of fuelling public unrest and harming social harmony.”
Though both news channels later issued apologies, the Court found them inadequate in addressing the damage already done.
It noted:
“Even though the news channels later issued an apology, their initial broadcast which linked Qari Iqbal to the 2019 Pulwama terror attack was aired without factual verification and amounted to defamation, public mischief, and outraging religious sentiments.”
The Court concluded that the acts committed by the channels were punishable under various provisions of the new Bharatiya Nyaya Sanhita (BNS) — specifically Sections 353(2) (defamation), 356 (public mischief), and 196 (outraging religious sentiments) — as well as under Section 66 of the Information Technology Act, 2000.
Terming the apology as not enough, the Court added:
“The apology is insufficient to nullify the consequences of the broadcast.”
Therefore, the Court directed the Station House Officer (SHO) of Poonch to immediately register a First Information Report (FIR) against Zee News and News18 India and submit a compliance report within seven days.
The Court also instructed that the investigation be fair, impartial, and completed in a time-bound manner.
It emphasized the legal obligation of the police by stating:
“The duty of the police to act arises once a cognizable offence is disclosed.”
Additionally, a copy of the Court’s order has been sent to the Senior Superintendent of Police (SSP) of Poonch for necessary supervisory action and oversight.
Case Title:
Sheikh Mohd Saleem V/s U.T of J&K Through SHO Poonch
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