Executive Magistrate Lacks Authority to Order Police to Register FIR, Court Rules as J&K High Court Quashes FIR against Journalist Asif Iqbal Naik

In a landmark judgement, the Jammu and Kashmir & Ladakh High Court ruled in favor of Senior Early Times journalist, Asif Iqbal Naik, quashing an FIR (First Information Report) filed against him by the police at the direction of the District Magistrate. The High Court observed that the Magistrate had no power to direct the registration of an FIR against a journalist.

The case involved a petition filed by Naik, who is a well-respected journalist associated with the Early Times newspaper and the Times Now English News Channel, seeking to quash an FIR No. 105/2018 registered against him at the Police Station in Kishtwar. Naik was accused of violating sections 504, 505, 506, and 336 of the RPC (Ranbir Penal Code).

The High Court found the case in favor of Naik on three counts – first, the complainant denied having lodged any complaint that led to the registration of the FIR. Second, the SHO (Station House Officer) in his report stated that the complainant did not participate in the investigation. And third, the District Magistrate as an Executive Magistrate was not competent to issue directions for an investigation as per the law laid down by the Supreme Court.

In his petition, Naik argued that he was a target of harassment by the administration and police officials, who were not happy with his reporting of administrative lapses and police brutality. He stated that the officials had threatened him with multiple FIRs and the imposition of the Public Safety Act to prevent him from reporting anything incriminating.

The case involved allegations that Naik had taken a screenshot of a news bite from India Today channel during a midnight march at India Gate in Delhi and had uploaded it to his Facebook account. The screenshot showed the picture of the complainant and the anchor/reporter of India Today News channel and also showed the picture of Asifa, the eight-year-old rape and murder victim from Kathua. The complainant claimed that Naik’s actions had put his privacy and security at risk and could have led to a breach of peace.

However, the High Court found that the allegations were false and ruled in favor of Naik, quashing the FIR against him and terming it malicious in intent. The judgement is a significant win for press freedom and serves as a reminder that journalists must be allowed to perform their duties without fear of harassment or intimidation.

This judgement, a copy of which is available with The Chenab Times, is a victory for journalists everywhere and will encourage them to continue their important work of reporting on issues that matter to the public. The decision by the Jammu and Kashmir & Ladakh High Court underscores the importance of a free press in a democratic society and sends a strong message that journalism must not be stifled by malicious intent or intimidation.