No Fetters Can Be Placed On Press Freedom By Registering FIRs Against Journalists Who Report On Information Given By Identifiable Source: JKL High Court
Basit Amin Makhdoomi
11 Feb 2023 2:59 PM IST
Quashing an FIR against a journalist, the Jammu and Kashmir and Ladakh High Court on Friday said that no fetters can be placed on the freedom of press by registering the FIR against journalists, who perform their professional duty by publishing news items on the basis of information obtained by them from an identifiable source. "However, they are also expected to report the coverage...
Quashing an FIR against a journalist, the Jammu and Kashmir and Ladakh High Court on Friday said that no fetters can be placed on the freedom of press by registering the FIR against journalists, who perform their professional duty by publishing news items on the basis of information obtained by them from an identifiable source.
"However, they are also expected to report the coverage with responsibility without any jingoism and divisive publication or telecast," Justice MA Chowdhary said
Asif Iqbal Naik, a Kishtwar-based journalist, was booked by police under sections 504, 505, 506, and 336 of the Ranbir Penal Code in 2018 on the direction of District Development Commissioner Kishtwar. The FIR alleged that Naik had made comments on Facebook against a person, who had given spoken to the India Today regarding Kathua rape case. The complainant had alleged that besides attacking his privacy and security, Naik had accused him of seeking "cheap publicity".
"Due to this propaganda, the public can lynch him over such a sensitive issue and since he has a large family at his native town, his family members especially youth and friends are bereaving in anger and contacted him on phone and there is every apprehension of breach of peace due to attack on his reputation, privacy and security in the open public domain on the internet due to false propaganda by the petitioner on social media," the complainant had said.
The counsel representing Naik argued before the court that he reports about the administrative lapses and police brutalities from time to time due to which he is not in good books of the administration and police officials and they are looking an opportunity to settle the score so that he could be prevented from reporting anything incriminating against the administration and police officials of the district.
It was also argued that allegations levelled against the petitioner are totally baseless, malicious and do not disclose any offence. Even if they are taken on their face value and accepted in their entirety, they do not prima facie constitute any offence or make out a case against the petitioner and despite such facts petitioner is being harassed by respondents just to jeopardize his profession, it was contended.
The court observed that the mode and manner in which the impugned FIR has been lodged clearly reflects that no offence is disclosed against the petitioner and the respondents could have given their version by similar mode but they chose unique method of silencing the petitioner.
"Needless to say that press is often referred to as the fourth pillar of democracy and freedom of the press is vital for the functioning of any democratic country like India," the court said.
The court said that the complainant, who was also present in the court at the time of hearing, has denied to have lodged any complaint so as to base the impugned FIR.
Secondly, the court said that the SHO in his status report has also stated that the complainant had not associated with the investigation despite several requests.
"The District Magistrate as an Executive Magistrate was not competent to issue directions for investigations of the case," it added.
Case Title: Asif Iqbal Naik Vs State of J&K & Ors.
Citation: 2023 LiveLaw (JKL) 21
Counsel For Petitioner: Mr. F.S. Butt, Advocate
