J&K High Court has dismissed FIR against a journalist, citing the case as an attack on the freedom of the press.
The journalist in question Asif Iqbal Naik published a story on custodial torture by the police in 2018.
Justice Rajnesh Oswal held on Tuesday that the manner in which the FIR was registered clearly reflected mala fides on the part of the police, who chose a “unique method” of silencing the reporter.
“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.
It added: “No fetters can be placed on the freedom of 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.”
Naik, who is associated with local newspaper Early Times and also Times Now, had published the story about custodial torture in 2018 with the headline “Father of 5 brutally tortured by Kishtwar Police”.
Naik had reported that a man identified as Akhter Hussain was tortured by the police while in illegal confinement. Hussain had suffered critical injuries and was admitted to a hospital, according to the report. Naik had quoted Hussain’s brother, Abdul Gani Hajam, and cousin, Irshad Ahmed, on the report.
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.
Justice has been duly served in this matter as the FIR registered against Naik has been cancelled.
