Matter currently sub judice; further proceedings in both cases awaited
SRINAGAR: The Court of the Hon’ble 2nd Additional District Judge, Srinagar, has passed an interim injunction in a civil suit titled Mohammad Saleem Wani v. Editor-in-Chief, Kashmir News Observer (KNO) & Others, restraining the defendants from publishing, circulating, disseminating, or causing the publication of any defamatory, false, malicious, or unverified statements concerning the plaintiff, Mohammad Saleem Wani, an employee of the Health Department, Union Territory of Jammu & Kashmir.
The defendants in the suit include Aabid Bashir, former Executive of Kashmir News Observer (presently working as a Correspondent with Rising Kashmir), Jahangir Ganai, Health Correspondent with KNO, and Umar Dhar, Proprietor of Smart Diagnostic Centre, Karan Nagar, Srinagar.
The civil suit was instituted after the defendants allegedly published and circulated defamatory content across various social media platforms, levelling false, baseless and unsubstantiated allegations against the plaintiff. According to the pleadings, the publications were made without verification, were motivated by mala fide intentions, and formed part of a concerted attempt to malign the plaintiff’s reputation, dignity and professional standing built over years of public service.
The plaintiff has asserted that although the defendants subsequently tendered an apology, the damage inflicted upon his reputation, credibility and career had already occurred and cannot be undone merely by a subsequent expression of regret. The suit further alleges that such acts reflect an alarming trend of irresponsible dissemination of unverified information, resulting in “hit-and-media-trial” tactics that undermine journalistic ethics, fairness and the rule of law. It has been pleaded that such conduct, if left unchecked, would encourage similar malicious campaigns against law-abiding citizens.
In the civil proceedings, the plaintiff has sought compensatory damages of ₹1 crore, besides seeking a decree of permanent injunction, a public and unconditional apology, and such other reliefs as may be deemed just and proper by the Court.
In addition to the civil proceedings, the plaintiff has also instituted a criminal complaint for defamation before the Court of the Chief Judicial Magistrate, Srinagar. Upon taking cognizance of the complaint, the learned Court has directed issuance of process/notices through the competent police/prosecution authorities, requiring the accused persons to appear before the Court and answer the allegations in accordance with law.
Counsel appearing for the plaintiff stated that the legal proceedings have been initiated not merely to vindicate the plaintiff’s personal and professional reputation, but also to reaffirm the principle that freedom of speech and expression carries with it a corresponding duty of responsibility. It was further stated that no individual or media platform can claim immunity for publishing defamatory, false or reckless allegations without verification, particularly where such publications have the potential to irreparably damage the reputation and career of a public servant.
The matter is presently sub judice, and further proceedings in both the civil and criminal cases are awaited.