_*Sub-Judge/Spl. Mobile Magistrate, Poonch directs SHO P/S Poonch to register FIR*_
In a significant order, Sub-Judge/Special Mobile Magistrate, Poonch, Shafeeq Ahmed has directed SHO Police Station, Poonch to register a formal FIR under Sections 353(2), 356 and 196(1) of the BNS, 2023 read with Section 66 of the Information Technology Act, 2000 and has further directed the Police to undertake a fair, impartial and time-bound investigation into the matter and SHO, Poonch has further been directed to file a compliance report within 07 days of receipt of this order. The Court also directed that a copy of this order be also sent to the Senior Superintendent of Police, Poonch for supervisory compliance.
These directions of wide public importance were issued in an application filed by a renowned Advocate of Poonch Sheikh Mohd Saleem seeking registration of FIR against certain News Anchors and Editorial Personnel of National News Channels/Media houses namely Zee News, News18 India and others for allegedly committing cognizable offences under BNS, 2023.
The whistleblower Advocate Sheikh Mohd Saleem contended that on May 7th, 2025 during intense cross border shelling by Pakistan in the Poonch sector, one Qari Mohd Iqbal a Teacher at Jamia Zia-ul-Uloom, Poonch and resident of Qazi Mohra, Poonch, was martyred along with other civilians and certain National Media Houses including Zee News and News18 India without verification branded the deceased Teacher as a “Pakistani Terrorist” affiliated with Lashkar-e-Toiba thereby defaming the deceased causing distress to his family and also damaged the reputation of the deceased as well as hurt the religious sentiments of the community.
On receipt of the application, the Sub-Judge/Special Mobile Magistrate, Poonch sought a report from the SHO P/S Poonch and in his report, the SHO confirmed that on 07-05-2025, due to shelling from across the border, there was considerable loss to the property and lives including the death of the deceased Qari Mohd Iqbal. It was also acknowledged in the Police Report that News Channels Zee News and News18 India had initially aired information stating that the deceased Qari Mohd Iqbal was a ‘Pakistani Terrorist’. However, the SHO noted that after receiving clarificatory inputs, the said channels withdrew their earlier assertions and issued an apology. The SHO further stated that no complaint was received from the family of the deceased Teacher, hence no FIR was registered in that specific context. It was also noted in the said report that a general FIR No. 75/2025 had already been registered regarding the shelling incidents under Sections 103, 109, 324(5), 3(5) BNS and 7/25 Arms Act.
During the course of arguments, Advocate Sheikh Mohd Saleem vehemently argued that during the peak of Indo-Pak war, the two National Media Platforms acted irresponsibly and portrayed deceased Qari Mohd Iqbal, a civilian and religious Teacher as a Terrorist and the two channels displayed his Name as well as his Photograph and falsely linked him to grave terror activities including the 2019 Pulwama Attack on CRPF Personnel. The complainant further submitted that the news items aired by the two media houses during the emergent situation caused immense harm to the dignity of the deceased, hurt public sentiments and misled the public at large.
On the other hand, SHO P/S Poonch resisted the arguments of Advocate Sheikh Mohd Saleem and contended that the Court at Poonch lacks territorial jurisdiction as the broadcast originated from Delhi.
After hearing both the sides, the Sub-Judge/Special Mobile Magistrate, Poonch Shafeeq Ahmed observed that in the light of Section 199 BNSS, 2023 (corresponding to Section 179 CrPC), which provides that when an act and its consequences occur in different places, jurisdiction arises in either location. In the present case, the consequences of the broadcast i.e. defamation, emotional injury and public unrest occurred in Poonch where the deceased resided, served and was martyred. The Court further observed that given the digital reach of the satellite media, it is the place where defamatory content is consumed and caused reputational damage that determines jurisdiction and the Court accordingly rejected the objection raised by the SHO P/S Poonch.
The Court further observed that while freedom of the press is a vital part of democracy protected under Article 19(1)(a) of the Constitution of India, it is subject to reasonable restrictions under Article 19(2) of the Constitution of India on grounds, such as, defamation, public order, decency and morality and in the present case, the act of branding a deceased Civilian Teacher of a local religious seminary as a “Pakastani Terrorist” without any verification, particularly during the period of Indo-Pak war, cannot be dismissed as a mere journalistic lapse. Such a conduct amounts to public mischief and defamation, capable of causing public outrage, disturbing social harmony and tarnishing the reputation of the deceased and the Institution he served.
With these observations, the Sub-Judge/Special Mobile Magistrate, Poonch Shafeeq Ahmed directed the SHO Police Station, Poonch to register a formal FIR under Sections 353(2), 356 and 196(1) of the BNS, 2023 read with Section 66 of the Information Technology Act, 2000 and further directed the Police to undertake a fair, impartial and time-bound investigation into the matter and SHO, Poonch was further directed to file a compliance report within 07 days of receipt of this order. The Court also directed that a copy of this order be also sent to the Senior Superintendent of Police, Poonch for supervisory compliance.