SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has quashed an FIR registered against a Jammu-based journalist in 2018 for publishing a story on custodial torture by the police.
J&K High Court Justice Rajnesh Oswal observed that publishing a news item on the basis of information obtained by a reporter from an identifiable source cannot be grounds for lodging an FIR.
The High Court while quashing FIR (No.117/2018 dated 12 May 2018) lodged by police against journalist Asif Iqbal Naik reporting for Jammu-based English daily “Early Times” held that the mode and manner in which the FIR has been lodged clearly reflects the malafide intent on the part of the police as they could have given out their version by a similar means.
“But they chose a unique method of silencing the petitioner and it is undoubtedly an attack on the freedom of the press,” the judge said.
Journalist Asif Naik through his counsel had approached the High Court and sought quashing of the FIR registered against him at Kishtwar police station for filing a story “Father of 5 brutally tortured by Kishtwar Police” published in Early Times in April 2018.
The court said, “It is needless to say the press is often referred to as the 4th pillar of democracy and freedom of the press is vital for the functioning of any democratic country like India. No fetters can be placed on the freedom of the press by registering the FIR against a reporter, who was performing his professional duty by publishing a news item on the basis of information obtained by him from an identifiable source.”
The court said that the publication of the news item on the basis of a statement made by the cousin of the person who was tortured does not amount to an offence under Section 499 RPC as the petitioner performed his professional duty of reporting the matter.
“Prima facie there is nothing in the FIR showing that the petitioner desired to generate the consequences as claimed by police and rather he has performed his professional duty,” further stated the judge.
Welcoming the court verdict, journalist Asif Naik termed it a “big day”.
“A big day indeed: JK High Court upheld freedom of press, snub police for misuse of process of law against journalist Asif Iqbal Naik. Quashed FIR registered against me,” tweeted Asif Naik.
In a video message, he said journalism is not a crime. “However, on occasion, journalism brings a lot of hardships to journalists,” he added.