Excelsior Correspondent
JAMMU, Sept 22: The Jammu Kashmir and Ladakh High Court today quashed FIR against Journalist Sushil Pandit who had tweeted false information about a militant attack on the CRPF and killing of five personnel at Pampore.
Justice Rajnesh Oswal, while quashing FIR after hearing Advocate Ankur Sharma for the petitioner, observed that the FIR impugned is nothing but an abuse of process of law and the case of the petitioner.
During the course of hearing, Advocate Ankur Sharma vehemently argued that the petitioner had posted the tweet believing it to be true but as soon as he found the same to be fake, he immediately deleted his tweet. He further submits that no offence was made out against the petitioner as the essential ingredients of offence under section 505 RPC are missing and further assuming the offence is made out, even then the case of the petitioner falls within the exception appended to section 505 RPC.
Justice Rajnesh Oswal, after hearing both the sides, observed that essential ingredients of offence under section 505RPC are lacking in the FIR. Exception to section 505 RPC clearly provides that it does not amount to an offence within the meaning of this section when a person making, publishing or circulating such report, rumor or report has reasonable grounds for believing that such statement, rumor or report is true and makes, publishes or circulates in good faith and without any such intent, he added.
“He tweeted in the good faith what he heard, believing it to be true, that was in fact not true and immediately deleted it as soon as he came to know about the falsity of the content of tweet. Even if for the sake of arguments the offence is made out against the petitioner still his case would fall within the exception as well,” observed the court. With these observations High Court quashed the FIR.
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