Fair And Frank Reporting of Events By Media Cannot Be Curbed Merely Because It May Have An Adverse Impact on the Business Of Some Class of Persons: J&K HC

The Jammu and Kashmir High Court on Thursday quashed an FIR bearing No.26/2018 RPC) of Police Station, Kothi Bagh, Srinagar which was lodged against a senior journalist who published a news item in daily Times of India titled "Stone pelters in J&K now target tourists, four women injured". The Bench of Justice Sanjay Dhar did not find that the contents of FIR and the news report published by the petitioner disclose the commission of an offence under Section 505 RPC against the petitioner. The Court further observed that the aforesaid provision of the Penal Code further contains an exception to the effect that there will be no offence within the meaning of Section 505 RPC when a person making, publishing or circulating any such a statement, rumour or report, has reasonable grounds for believing that such a statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such criminal intent which may fall within the ambit of Section 505 RPC. In the light of the foregoing discussion of the factual and legal aspects of the instant case, the Court observed, it can safely be stated that the contents of FIR and the news report published by the petitioner do not disclose the commission of offence under Section 505 RPC against the petitioner.