Point of Law: Defamatory news item - publication of the news item on the basis of statement made by the cousin and brother of Akhter Hussain, does not amount to offence under section 499 RPC as the petitioner has been performing his professional duty of reporting the matter.

JUDGMENT :

1. The instant petition has been filed by the petitioner under section 561-A Cr.P.C (Now 482 Cr.P.C) for quashing the FIR bearing No. 117/2018 dated 12.05.2018 registered by Police Station, Kishtwar for commission of offences under sections 500, 504 & 505 RPC.

2. It is stated in the petition that the petitioner is a reputed journalist and associated with Early Times Newspaper, Jammu and Kashmir, as also with Times Now English News Channel and has broken down various stories of national importance. It is further stated that the petitioner had published a story in the Newspaper “Early Times” in its edition of 19th April, 2018 and in the said report the petitioner has also given reference to the YouTube channel and also invited the subscribers to watch video on Early Times, YouTube channel, Jammu. The story published by the petitioner bears the heading, "Father of 5 brutally tortured by Kishtwar Police” and the said news item reads as under:

“Jammu, April 18, a 26 year-old Kishtwar man, the father of five children, was Tuesday shifted in a critical condition to Government Medical College Jammu after he was allegedly subjected to third degree torture by Kishtwar police. Akhter Hussain Hajam son of Ali Mohammad Hajam of Keshwan in Kishtwar was tortured during illegal confinement in connection with of disappearance of Tariq Hussain who is missing for last five week.

Speaking to early times, the kin of Akhter said he was kept in illegal detention by the police initially for 27 days after they picked him on March 18. He was again detained a couple of days ago. The family members alleged that during the earlier detention, Akhter was subjected to brutal torture in side police station Kishtwar.

They said that after releasing him on surety bonds, the police laid the condition that he will have to appear at Police Station Kistwar daily, but was again kept in illegal confinement and tortured as a result of which he was in critical condition.

The doctors told us that he had received head injuries. His condition is serious and the chances of his survival are bleak, said” said Irshad Ahmad, cousin of Akhter.

He said Akhter’s wife Tahira Begum and her one month-old-child was also under police detention on Tuesday. The woman and her child were later handed over to local Sarpanch by the Station House Officer. “They called us to police station. When we reached there, Akhter was being shifted to District hospital in a critical condition, “said Irshad, adding that after doctors termed him critical police boarded him in ambulance for Jammu and forced the family members to accompany him which they refused. Irshad said that after this incident the police tried to detain them so that they could not narrate anything to the local people. But somehow they managed to escape from the police station. He said that they are poor and are working as labourers and have no money for Akhter’s treatment. “They told us to accompany him. How can we when we don’t have any money? Since last one month the family is shuttling between home and police station, said Irshad.

He said Akhter was engaged as labourer by Tariq Hussain at his home for some construction work. A day before Tariq went missing, Akhter had called him demanding money for his work. He said Akhter again joined the construction work at Tariq’s residence where he came to know about Tariq’s disappearance.

Irshad said that Police brutalities was visible on Akhter’s body. Akhter’s brother Abdul Gani Hajam blamed S.P. Kishtwar, Deputy SP HQ Kishtwar and SHO Police Station Kishtwar for torturing his brother. He said that it is only police who tortured him inside police station Kishtwar and now the police is trying to prepare a concocted story wherein they tried to give the impression that Akhter had made suicide bid inside police station Kishtwar. Meanwhile, MLA Inderwal, Ghulam Mohammad Saroori visited the GMC Jammu and condemned the allege torture of Akhter Hussain and called for a probe into the incident.”

3.