The court quashed the FIR registered against Times of India reporter Mohammad Saleem Pandit in 2018 for publishing news regarding stone pelting on tourists.
The J&K High Court has quashed a First Information Report (FIR) against a journalist in Srinagar and questioned whether “fearless and frank reporting” should attract Section 505 of the Ranbir Panel Code (RPC).
“The complaint does not disclose the particulars of any such person who has been induced to commit an offence against the State because [of] the publication of the news report in the question. The contents of the FIR, which is based upon the complaint filed by some association of travel agents, are absolutely vague and devoid of any particulars in this regard,” Justice Sanjay Dhar observed on Thursday .
The court quashed the FIR registered against Times of India reporter Mohammad Saleem Pandit in 2018 for publishing news regarding stone pelting on tourists at several spots across the Kashmir valley.
“Merely because a report allegedly threatens to disrupt the tourist season does not bring its publication within the four corners of the offence as defined under Section 505(1)(b) of the RPC or the IPC (Indian Penal Code),” Justice Dhar held.
He observed that the question that arises is whether a fearless and frank reporting of events or incidents in a newspaper would merely be for the reason that the persons engaged in a particular business feel that their business would get adversely impacted by such news reports, attract Section 505 of the RPC.
“The answer to this question has to be in the negative because reporting of events which a journalist has a bona fide reason to believe to be true can never be an offence. Taking a contrary view would be violative of the right of freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India,” the Judge observed.
He held that fair and frank reporting of events by electronic and print media cannot be curbed merely because it may have an adverse impact on business of some class of persons.