Portraying Qari Mohammad Iqbal, who had worked at Jamia Zia-ul-Uloom in Poonch and was among the 12 killed during Pakistan’s artillery shelling on May 7, as a terrorist affiliated with Lashkar-e-Tayyeba by Zee News, News18 and several unnamed editors and anchors of national television channels was a grave harm to society, observed a court in Jammu and Kashmir, which ordered the filing of an FIR against them while dismissing their apology.
The court of sub-judge Shafeeq Ahmed observed that the apology issued by the media houses following public outrage did not rectify the damage caused by their misleading reportage, and held that such actions warranted legal scrutiny under the newly enacted Bharatiya Nyaya Sanhita, The Wire reported.
The FIR has been ordered under sections relating to public mischief, defamation and promoting enmity between religious groups, in addition to a charge under the Information Technology Act for misuse of digital platforms.
The direction followed a legal petition submitted by a Poonch-based advocate, who sought intervention under Section 175(3) of the BNS to ensure accountability for what he termed as deliberate misinformation during a period of heightened tensions.
The court asserted that the press, while enjoying freedom under Article 19(1)(a) of the Constitution, must operate within the confines of Article 19(2), which permits reasonable restrictions in the interest of public order and decency. It concluded that the act of labelling a civilian teacher as a terrorist without verification, especially amidst ongoing military operations, was not a simple journalistic error but one with significant implications.
The misleading coverage had led to protests by Poonch residents and triggered a police advisory cautioning media outlets against spreading unverified claims that disrespected the deceased and disturbed public order.
The police advisory had noted that the dissemination of such misinformation had hurt the sentiments of the Muslim community and undermined the dignity of the individual and his institution, which is regarded as one of the most respected religious seminaries in the region.
The court maintained that while the media holds a crucial role in informing the public, its ethical responsibility demands accurate and verified reporting, especially during conflict situations. It further stated that misleading content that defames individuals and fuels communal tensions must be dealt with according to law and cannot be dismissed as minor transgressions.
The judge directed the station house officer of the Poonch police station to file a compliance report within a week, emphasising the need for a fair and time-bound investigation. The coverage by these channels, which included descriptions of Iqbal as a top terrorist involved in major attacks, stood in stark contrast to his role as a seminary teacher who had ventured out to buy groceries for students before falling victim to cross-border artillery.