Kashmiri Journalists | SabrangIndia

From Prison to Uncertainty: After Battling for Bails, Kashmiri Journalists Battle Stigma, Financial Crisis and Isolation

sabrang — Mon, 07 Apr 2025 04:32:01 +0000

SRINAGAR: “It takes a very long time for an imprisoned journalist to be back to normal life even after being released,” says Fahad Shah, a Kashmiri journalist and the founder of the now-banned Kashmir Walla News outlet.

Shah was arrested on 4 February 2022 and released on 23 November 2023 after a court order but after spending more than 650 days in different jails, facing numerous cases, including the Public Safety Act (PSA) of 1978, allowing for detention without charge for up to two years.

His release on bail was a long-drawn ordeal. Slapped with charges in four different cases and detention under Public Safety Act 1978 (PSA), he had to file bail in each one to be finally let off.

Journalists arrested in Jammu and Kashmir since 2018.Photo/KT Graphics

Fahad Shah after his release from jail in November 2023.Photo/Public Domain

A Cycle of Prolonged Detentions

Caught in an endless cycle of multiple cases, this is the story of many journalists battling for bail after bail to ensure their release from prison.

Since 2018, several Kashmiri journalists – Fahad Shah, Aasif Sultan, Sajad Gul, Majid Hyderi, Manan Dar and several others have been booked under different charges and multiple cases. Once the court grants them bail, the authorities invoke the PSA, prolonging the detention period. Many PSA detentions have been quashed but involve prolonged litigations.

Both in the case of Fahad Shah and Sajad Gul, accused in different cases, the detention under PSA meant a continuum of the ordeal till they were finally granted bail in all cases. The High Court, while quashing his detention order under PSA on April 13, 2023, held that “A mere apprehension of a breach of law and order is not sufficient to meet the standard of adversely affecting the ‘maintenance of public order’.”

But Shah was slapped with a fresh case under the anti-terror law, Unlawful Activities Prevention Act (UAPA), for a “seditious” and “highly provocative” article published by Kashmir Walla in 2011. He was booked in three other cases subsequently.

Shah was finally released after the Court of Jammu and Kashmir observed that the State Investigation Agency (SIA) lacked evidence against him to prove charges under the Unlawful Activities (Prevention) Act (UAPA). He was accused of “glorifying terrorism” and “spreading fake news” through his magazine. Major charges against him were dropped and he was released on bail. But his trial is going on in designated court under UAPA in Jammu.

Significantly, the High Court, in its judgment, stated, “There is no material to suggest that the article contains content that provokes people to take up arms and resort to violence.”

Aasif SultanPhoto/Public Doman

Columnist and Research Scholar, Aala Fazili, the author of the 2011 article was also arrested in April 2022 under UAPA and was recently released on bail after the court observed that “‘Bail is the rule and jail is the exception’ is a settled law”.

Sajad Gul, a trainee reporter for the now-banned Kashmir Walla, was released after spending 910 days in Indian jails following his arrest on January 5, 2022.

The groundwork for Gul’s arrest was laid almost a year earlier with a First Information Report (FIR) filed against him on February 2, 2021, accusing him of trying to “disrupt peace and tranquility.” At the time of his arrest, another FIR was filed accusing him of “promoting disharmony and public mischief.”

The same month, a local court in Bandipora granted bail to Gul. But prior to that, the government invoked the Public Safety Act (PSA) against him. Though, the courts set aside his detention on November 9, 2023, but a fresh case was slapped against him, prolonging his detention.

In November 2023, while quashing the dentition order of Gul, the High Court of Jammu and Kashmir held that detaining critics of the government is “an abuse of the preventive law”.

After the quashment of his detention order, Gul was moved back to Kashmir from a prison in Bareilly, Uttar Pradesh, and kept for 198 days in the Baramulla district jail on charges he faced in an FIR filed against him in December 2023. On July 8, 2024, he was finally released after a sessions court in Bandipora granted bail in that case.

Like Fahad Shah, he is facing three other criminal cases.

After spending years in prison, many journalists continue to be caught in the vicious cycle of detentions, fresh cases and litigation.

Aasif Sultan, arrested in August 2018 is incarcerated for more than six years, and was detained under Public Safety Act (PSA) and other criminal cases. He was first arrested under UAPA and later detained under PSA.

After spending over five years in detention, he was released in February 2024 following a court order that quashed his PSA detention as “illegal and unsustainable.”

However, just a day after his release, Aasif Sultan was re-arrested by Jammu and Kashmir Police in another case. Following this, he was finally granted bail in May 2024 by a special court, which noted that he had been in custody for over six years without reasonable justification.

Number of Kashmir journalists and activists in detention has increased manifold after J&K’s special status was abrogated in August 2019.Photo/AI Generated

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Sajad Gul/Photo/Public Domain

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UAPA as a Tool to Deny Bail

While most journalists have been released after their prolonged incarceration, Irfan Mehraj, arrested by National Investigating Agency (NIA) and mentioned as a co-accused in a chargesheet against human rights defender, Khurram Pervez, has now completed 700 days at the high-security Rohini Prison in New Delhi.

Mehraj has been imprisoned for over two years without a trial and was initially detained for six months without a chargesheet being filed. There has been no decision on his bail application despite the lengthy detention period.

His case exemplifies the systemic weaponisation of UAPA against journalists and human rights defenders through deliberately vague charges and procedural flaws, accusations based on unnamed multiple witnesses (in his case 177), making the trials prolong and stonewalling bail applications.

UAPA is characterised by a structural flaw where the burden of proof is reversed. Under UAPA, the accused must prove his or her innocence rather than the prosecution proving his or her guilt, inverting the standard legal principle of “innocent until proven guilty.”

Though the courts have provided relief by granting bail in several cases involving journalists from Jammu and Kashmir, Irfan Mehraj still awaits even that glimmer of hope.

Even for those now out on bail, the process has been long drawn out. Many of them were caught in a revolving door process of multiple charges and cases including under UAPA, making it imperative for them to challenge each charge and case separately in court, to finally find themselves caught in the web of PSA.

Qazi Shibli / Photo/Public Domain

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Weaponising Public Safety Act

While getting bail in a UAPA case becomes difficult, the most widespread is the use of the PSA which Amnesty International has termed a “lawless law.”

Despite several rulings by the Apex Court and Jammu and Kashmir High Court that the Public Safety Act (PSA) cannot be used to bypass the due process of law, authorities in Jammu and Kashmir continue to use the Public Safety Act (PSA), 1978 as a tool against journalists for their reportage.

Clifton De Rosario, General Secretary All India Lawyers Association for Justice (AILAJ) told the Kashmir Times that the weaponisation of PSA against any political dissent is now extended to journalists in Kashmir, exposing the hollow claims of normalcy in the valley.

“Over the past three terms of the Modi government, it is more than apparent that this right-wing regime cannot tolerate any real journalism. The repeated use of PSA against journalists confirms that bureaucrats, committed to such ideology are pulling the daily strings of administration without any care for democratic ethos”.

Jammu based Tarun Behl, 46, a journalist and owner of the newspapers Sree Times and Aasman is a more recent victim of this ongoing crackdown. Behl was booked under Public Safety Act (PSA) on September 5, 2024.

Before getting booked under Public Safety Act, he was arrested and booked by police under the Official Secrets Act, 1923, on July 8, 2024, for allegedly circulating a list of 57 protected persons, including journalists, politicians, and retired police officers, whose security cover was recently withdrawn by the J&K administration.

Irfan MehrajPhoto/Public Domain

After being granted interim bail in the case on July 22, 2024. Behl was subsequently slapped with the Public Safety Act (PSA), which Amnesty International has described as a draconian law.

The arrest of Behl under PSA demonstrated that there has been no real change on the ground.

Behl, whose PSA was quashed by the High Court of Jammu and Kashmir on January 2, 2025, was accused of “intentionally circulating secret and confidential information, related to the security issues of various dignitaries, including secret official documents in the WhatsApp group for vested interests”.

While quashing the dentition order of Behl, the High Court observed that “the petitioner’s ultimate arrest and detention on September 6, 2024, is a pointer to the fact that the petitioner was somehow being eyed upon to be a witch-hunt by the authorities.”

The J&K High Court found several critical flaws in Tarun Behl’s preventive detention. The court determined that the detention order was “illegal” and highlighted the misuse of PSA and a collaboration between the Senior Superintendent of Police (SSP) and the District Magistrate of Jammu.

When the District Magistrate initially refused to issue a detention order based on the original dossier, the SSP created a “revised dossier” with additional allegations, including a third FIR and information about Behl’s bank accounts. The court viewed this as “a sham show” and deliberately crafted to “fetch preventive detention” to which the District Magistrate then “yielded his discretion and judgment as if given on asking.”

The court criticized how authorities presented Behl’s multiple bank accounts as suspicious, noting they treated “having such a number of bank accounts” as if it “was an illegal act in itself.” This reasoning was deemed unjustified.

The court ultimately ruled that both the SSP and the DM had “blatantly resorted to a dubious exercise of authority and jurisdiction at their respective ends to infringe upon the personal liberty of the petitioner by subjecting him to preventive detention.”

Manan DarPhoto/Public Domain

Iron-Fist to ‘False Complaints’: J&K Circular Tightens Screws on Complaints Against Officials and Media Scrutiny

Seven-fold Increase in PSAs

Though the use of arbitrary detentions under PSA has been going on since several decades, Jammu and Kashmir has witnessed a seven-fold increase in preventive custody since 2019.

According to an Amnesty International press release dated September 18, 2024, a total of 272 habeas corpus petitions were filed in the Jammu and Kashmir High Court between 2014 and 2019 – 41 before the Jammu bench and 231 in Srinagar.

However, following the revocation of J&K’s autonomy in August 2019, the number of petitions surged dramatically, reaching 2,080 between 2019 and 2024. Of these, 289 petitions were filed in Jammu and 1,791 in Srinagar.

The report further reveals that “Amnesty International have verified cases of at least five individuals, including journalists, political leaders and activists, who have been prevented from travelling abroad or travelling into India, despite having the requisite travel documents, in violation of their right to freedom of movement. The Indian authorities have imposed the bans without any written explanation, court order or proper notification within the legal time frame which indicate a form of retaliation against their legitimate human rights work around Jammu and Kashmir”.

On January 30, 2024, Newslaundry reported that an RTI response in 2015 had revealed that 16,329 individuals had been detained under the preventive detention law since 1988, with nearly 95% of them belonging to Kashmir.

In a separate RTI response filed by the NGO J&K RTI Movement in 2023, it was disclosed that between August 2019 and July 2023, 1,570 petitions were filed challenging detention orders under the Public Safety Act (PSA). Of these, the J&K High Court quashed 900.

Lara Jasani, a Senior Lawyer from Bombay and Member of PUCL says that Public Safety Act has been arbitrarily used in J&K to detain dissenters and those exposing or criticising the government decisions.

“What we have seen because of this is a silencing of the media and criminalisation of journalists. It’s unfortunate if the law is still being used, even despite the spate of court decisions which have not just held such detentions illegal but even at times, imposed costs,” she told the Kashmir Times.

Terming it a disregard for “constitutional principles” and the judicial decisions which sought to remind the authorities of them. She says that the current government needs to be reminded of its own election promise to repeal this draconian law, which is even used against political opponents.

PSA is an unjust law, which allows detention without trial, punishment without crime. “It is a tool to make arbitrary detentions possible and needs to go. It is high time the government initiates action to do so if it really wants to bring peace to the valley,” she adds.

After Behl’s release, the Jammu and Kashmir High Court quashed the detention order of journalist Majid Hyderi on 20 February 2025.

Hyderi was first arrested on September 14, 2023, by the local police in Srinagar following a complaint filed against him for ‘criminal conspiracy, intimidation, and defamation’.

Although the journalist granted bail in a defamation case, he was rearrested a few hours later under the PSA and accused of threatening India’s ‘sovereignty, security and integrity’ through media and social media posts.

Justice Vinod Chatterji Koul of J&K High Court quashed the detention order, stating that the grounds were “vague & ambiguous” as they failed to mention specific dates of the alleged activities attributed to Hyderi. The court ruled that preventive detention without clear grounds cannot be justified.

The judgment emphasized that preventive detention requires a “live and proximate link” between past conduct and present need for detention. The court noted that the detaining authority referenced social media posts and news items from 2018, which failed to demonstrate such a link.

The court expressed surprise that the detaining authority used an FIR to justify detention, noting that the allegations therein would not affect “sovereignty, security and integrity” of India, and did not warrant invoking the J&K Public Safety Act provisions.

While quashing his detention under PSA, the court relied on the precedent of Sajad Ahmad Dar v. Union Territory of J&K, which established that criticism of government policies cannot justify preventive detention.

An unspecified number of journalists have been briefly detained and interrogated since 2019. The detention periods last for a few weeks or a few hours. Many cases are unreported, but several journalists allege that they are repeatedly called to police stations for questioning.

Tarun Behl / Photo/Facebook Page

Disappeared: Media Freedom in Jammu and Kashmir 2019-24 – A Status Report By FSC

A Continuing Ordeal After Bail

Even for those journalists now out on bail, the ordeal, does not end. The years of imprisonment take their toll.

Out of prison for more than a year, Fahad Shah continues to grapple with the lasting impact of his detention.

“Any type of detention or prison or cases against journalists has an impact,” Shah told the Kashmir Times.

As he deals with the psychological import of that, Shah also struggles to restart his career after his release, with the banned online magazine causing a major setback. The Kashmir Walla he built from a scratch over a decade ago, no longer exists.

Work has shrunk and he now occasionally writes for different publications.

For Sajad Gul, the endless nightmare is even more profound. Unlike Fahad Shah, who was well established in his career, Gul who doubled up as a trainee reporter and a journalism student, it was just the start of his career when his wings were clipped with his arrest in January 2022.

Aala Fazili / Photo/Public Domain

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Fear is Palpable

Released in the summer of 2024, he has yet to restart his professional career. He was in the final semester of Masters in Communications when he was arrested. The academic dreams were cut short too. He is struggling to complete his degree.

“The stories I wanted to cover, I can’t do because I fear that they will harass me again and jail is a horrifying experience that I don’t wish to undergo again,” he says, talking about the fears he is unable to shake off.

“When I recall where I could have been by now if I hadn’t been imprisoned, I feel that I have been let down by the government,” he says.

“My career ambitions are at a standstill. I had dreamed of pursuing journalism at a foreign university, but now I can’t do anything,” he says, talking about his almost abandoned dreams.

“I have restrictions on my passport. My travel opportunities have been limited because I am a journalist. Even visiting Delhi sometimes causes trouble if I go without asking the police,” Gul told the Kashmir Times. I also don’t want to come into the limelight now…….,” he adds.

Sajad Gul’s two and a half years in prison have shaken him. During this time, he was shifted from one jail to another within Jammu and Kashmir and finally to Bareilly in Uttar Pradesh – an experience that became unbearable.

For almost two years in Bareilly, Gul spent in a 10-foot by 10-foot cell amidst the heatwave and the bitter cold. “From the cold damp quarters inside the cell, it was so chilling that one would prefer death over life in such situations,” he says, recalling his ordeal.

“I used to tremble in the chilling cold of Uttar Pradesh. Once I was even tempted to ask my jailor to give me warm clothes, but the jailor wasn’t bothered. It becomes tougher in jail when you are sent away and need money and clothes, but your family can’t even afford to visit you. Then the jail becomes even harder,” Gul told the Kashmir Times.

A senior journalist, preferring anonymity, says that given the number of journalists incarcerated, summoned and raided, their electronic devices confiscated, cases slapped against them and travel bans etc, “the psychological impact is massive”.

He said: “Even routine storytelling has been criminalised and censorship normalised. Fear is not imaginary, it is real.”

“Invoking draconian laws to silence journalists means that there is also the element of self-censorship involved. Simply put, journalism is dead and buried. Any story can be your last,” he says, pointing out the dismal scenario even for journalists who haven’t suffered incarceration.

“When you write a story as a journalist but are compelled to edit or proofread it as a bureaucrat or a police officer – that is a telling comment…. Fear of reprisal is palpable,” he says.

(Mubashir Naik is a legal researcher and A Kashmir Times staffer provided inputs to this report.)

(This report has been updated for accuracy and corrected quotes of journalist Fahad Shah)

Courtesy: Kashmir Times

The post From Prison to Uncertainty: After Battling for Bails, Kashmiri Journalists Battle Stigma, Financial Crisis and Isolation appeared first on SabrangIndia.

Asif Sultan, Kashmiri Journalist, gets bail in yet another UAPA case!

sabrang — Wed, 15 May 2024 12:51:57 +0000

On May 10, 2024, a Court in Srinagar granted bail to Kashmiri journalist Asif Sultan in a case under the Unlawful Activities Prevention Act (UAPA) in connection with a 2019 incident of violence by prisoners lodged in the Srinagar Central Jail. The Special Judge Designated Under NIA Act Srinagar in its order of release held that mere use of the UAPA provisions against an accused would not warrant rejection of bail in ignorance of other binding requirements.

It is essential to note that though the current case had been lodged by Police Station Rainawari in the year 2019 and yet Sultan had been arrested by the police only this year in February, just days after he had been released from detention on orders of Jammu & Kashmir and Ladakh High Court in a preventive detention case.

Facts of the case:

As per the police report submitted in the current case, the allegations against the accused/ applicant were that on April 4, 2019, the accused along with other jail inmates in the Central Jail Srinagar had set ablaze few barracks, shouted anti national slogans and had pelted stones on jail employees due to which some officials sustained injuries. As per the FIR in the case, the applicant had been booked for allegedly indulging in the offense of rioting, unlawful assembly, attempted murder under provisions under Unlawful Activities Prevention Act.

The applicant had approached the court seeking his release on bail in the present case on the grounds that the police had arrested him without any reason or rhyme. It had also been alleged by the applicant that the he had been facing incarceration for last more than 5 years under various laws, and was undergoing detention under the Public Safety Act when the present offense had been alleged to have taken place. It is to be noted that Sultan was arrested in 2018 under various charges including harbouring terrorists. He was granted bail in April 2022 but was immediately booked under the Public Safety Act (PSA), a law that allows detention without trial. Only two days prior to his arrest in the present case, the journalist had been released by a jail in Uttar Pradesh in February, two months after Jammu & Kashmir and Ladakh High Court had quashed the PSA case citing procedural lapses. He was then re-arrested for his alleged involvement in the 2019 jail violence.

Arguments raised by the applicant:

The main argument raised by Sultan’s counsel was that the accused was innocence and there was a dearth of evidence linking him to the alleged offenses. It was vehemently argued before the Court that Sultan was a peaceful citizen with no connection to the violent incident.

“It would also be expedient to brought before this court that the accused has no connection with the above-mentioned FIR as he was under detention and how could a person commit a crime when he is already going through the detention. (Sultan) is a peaceful citizen of union territory and the accused is peace loving, law abiding citizen having a high social status and a highly esteemed repute and honour in the locality society and in his neighbourhood; that no prima facie case is made out against the aforementioned accused for the commission of offences alleged in the FIR and he is not even remotely connected with the commission of offences alleged in the FIR or with the commission of offences as such, he is facing detention without any reason and justification” (Para 1)

In addition to this, Sultan’s counsel claimed that the whole premise of the case of the prosecution is based on the alleged shouting of anti-nation slogans and pelting of stones, during which the applicant was not present at the place of occurrence.

“Learned Counsel for the accused /applicant has argued that there is no direct evidence on record which could implicate the accused person/applicant with the commission of crime. He has argued that the whole case of prosecution is based upon alleged shouting of anti-national slogans and pelting of stones on the jail/police officials. He further argued that the case is of the year 2019 and the accused was not present at the place of occurrence. Lastly, it is requested that the accused person/applicant is in custody for the last approximately 72 days and therefore he should be granted bail in the interest of justice.” (Para 6)

Arguments raised by the prosecution:

The said plea for bail had been opposed by the prosecution, which had urged the court to not grant relief keeping in view the seriousness of the allegations raised against the applicant.

“That, there is credible and cogent evidence available at the strength of which it can be safely submitted that there are reasonable grounds to believe that the accused person is involved in the commission of above referred offence, as such grant of bail at this stage will cause impediment in the smooth conduct of investigation. That, the offences and activities in which the above-named accused person is involved being highly antinational. Lastly it is prayed that the bail application be rejected in the interests of justice, society and nation at large.” (Para 4)

Observations of the Court:

1. Factors to be considered while granting bail

Additional Sessions Judge Sandeep Gandotra in the order emphasised upon the necessity of the court to consider certain factors while dealing with a bail plea in a case where serious allegations have been raised. These factors are:

“(a) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence

(b) Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant

(c) Prima facie satisfaction of the court in support of the charge

(d) Impact of such offences on larger public interest.” (Para 9)

Observing the same, the Court further highlighted that mere use of the UAPA provisions against an accused would not warrant rejection of bail in ignorance of other binding requirements.

“There can be no dispute at all that so far as the investigation into allegations of commission of offence under the Unlawful Activities (Prevention) Act, 1967 is concerned, that there is compelling state interest in tackling such serious crimes. However, mere use of this statutory provision would not ipso-facto warrant rejection of applications of bail ignoring the other binding requirements.” (Para 10)

In furtherance to this, the Court stated that as per the guidelines laid down and judgements delivered by the Supreme Court in petitions of bail, it has been established that the power to grant bail is not be exercised by the Sourt as if the punishment before trial is being imposed.

“The two most important considerations that would determine the granting or refusing the bail to the accused are the likelihood or otherwise of the accused absconding or attempting to tamper with the prosecution evidence. Undoubtedly, the other consideration shall also weigh for consideration of a bail matter.” (Para 11)

2. Charges levied against the applicant

In the order, the Court opined that the occurrence of the alleged offense took place more than 5 year ago. In addition to this, pursuant to the arrest of the applicant, a sufficient amount of time, approximately 2 ½ months (72 Days), had been provided to the investigating agency to conduct the custodial interrogation of the applicant.

3. Conduct of the applicant

The Court had observed in its order that the prosecution had not brought to the notice of the court that the conduct of applicant in judicial custody has been such that the court should be wary of granting in bail. Additionally, the Court also highlighted that the applicant is a permanent resident of Jammu and Kashmir, decreasing his chances of fleeing. With this, the Court held that further detention of the applicant in the custody shall not serve any purpose.

Order of the Court, imposition of stringent bail conditions:

The Court noted that Sultan had not been booked under those Sections of UAPA for which he would have been required to meet the stringent conditions of bail. Based on the observations of the Court highlighted above, the Court ordered in favour of the granting bail to Sultan.

“Having regard to the facts and circumstances of the case, the nature of the allegations against the accused & the punishment prescribed for the same, the period of detention of the accused i.e. the accused has been in the custody from the last 72 days, the fact that the recovery has been made from the place of occurrence and sent to FSL and most of investigation has been completed, the interest of justice will be served in case the applicant is admitted to bail, at this stage.” (Para 13)

It is essential to note that the Court directed Sultan to furnish a bail bond of Rs.1,00,000/- each with one surety. As per the order of the court, certain bail conditions have also been imposed on Sultan which are stringent in nature in order to restrictions on Sultan’s communication methods and movements. These conditions include prohibition on using any secret/encrypted messaging apps or any proxy networks in order to remain anonymous and requiring permission from the court in case he wants to buy another mobile handset or a new SIM card in event of damage, loss, theft or upgrade. In addition to this, he has been directed to appear before the investigating officer as required, not tamper with evidence, and refrain from influencing witnesses.

The Court order also laid out detailed

“a) That the accused/applicant shall appear before the IO of the case as and when required;

b) The accused person/applicant shall not in any way misuse there liberty nor shall they get in touch with any of the witnesses or try to influence the course investigation.
c) That the accused person/applicant shall not temper with the evidence of the prosecution in any manner;
d) That the accused person/applicant shall not leave the territorial jurisdiction of this court without prior permission of the court.
e) That the accused person/applicant shall not change his residence during the period of bail, without informing this court;
f) That the accused person/applicant shall disclose/provide their mobile numbers issued in his name along with telecom network to Investigating Officer/ SHO of concerned police station;
g) That the accused person/applicant shall neither use any secret/encrypted messaging apps or any proxy network (viz VPNS) to remain anonymous and circumvent provisions of India Telegraph Act and Indian Wireless Act and orders/restrictions issued there under nor provide any type of telecommunication facility from his number or device to other person through hotspot, WiFi etc.
h) That, accused person/applicant shall will disclose the details of cell phone device to be used by him (IMEI number and make MI, Samsung, Oppo etc) to the investigating officer/ SHO of concerned police station;
i) The accused person/applicant shall not use any mobile number or device other than the ones disclosed to the Investigating Officer /SHO of concerned police station;
j) In case the accused person/applicant wants to buy another mobile handset or a new SIM Card in the event of damage, loss theft or to upgrade, he shall seek prior permission from this court and shall furnish the information to the IO of the case/ SHO of concerned police station; and
k) That the accused/applicant shall not commit any offence in the future”

The complete order can be read here:

Download PDF

Jammu & Kashmir HC: Fahad Shah granted bail after spending 21 months in jail

Kashmir: Journalist Aasif Sultan jailed under PSA, after getting bail

The post Asif Sultan, Kashmiri Journalist, gets bail in yet another UAPA case! appeared first on SabrangIndia.

Bail For Kashmiri Journalists: What Does It Mean For Freedom Of Expression?

sabrang — Mon, 27 Nov 2023 08:52:08 +0000

Courtesy: Kashmir Times

The post Bail For Kashmiri Journalists: What Does It Mean For Freedom Of Expression? appeared first on SabrangIndia.

Kashmiri journalist, human right defender languishing in jail under a draconian law

zahid maniyar — Tue, 20 Jun 2023 12:01:02 +0000

“The situation is still very worrying in Kashmir. Reporters are often harassed by police and paramilitaries and must cope with utterly Orwellian content regulations, and where media outlets are liable to be closed.”
CNN’s Mukhtar Ahmad, Reporters Without Borders

Fahad Shah, a prominent Kashmiri journalist detained on draconian charges under the Unlawful Activities (Prevention) Act (UAPA), completed 500 days in prison on June 18. Shah, the founder-editor of ‘The Kashmir Walla’, was arrested by Pulwama police on February 4 last year under the colonial UAPA law for allegedly uploading “anti-national” content on social media. He was afterwards detained five times over the course of four months, suffering though a Kafkaesque experience where he was subsequently arrested after every bail.

In the 17 months since his incarceration under many charges, jugging around in different jails, Shah has obtained three rounds of bail, including two in UAPA cases! An Order under the Public Safety Act (PSA) against him has been quashed! Yet he remains imprisoned in connection with a case stemming from an opinion piece published in Shah’s publication in the year 2011.

His detention has been described as the “final nail in the coffin of independent journalism in Kashmir.” The arrest of Shah sent waves of shock through the already shattered and targeted Kashmiri journalism community, with many going into hiding or leaving the field entirely. Furthermore, the application of such harsh draconian laws by the police, blurring the line between independent reporting and “propagating stories that are contrary to the interests and security of the nation,” were another grave cause of concern.

Misuse of law- charges filed, bails granted

Bail under draconian laws: On February 4, 2022, Shah was arrested by the Pulwama police under sedition and anti-terror law, after ‘The Kashmir Walla’ had reported the events of a gunfight between the government forces and militants in south Kashmir. He was granted bail by the National Investigative Agency (NIA) court in Srinagar on February 26, 2022.

However, the Shopian police promptly detained him again in a case that was filed in January 2021 against his portal’s reporting. Shah was again released on bail on March 5, 2022, by a Shopian court magistrate, but Srinagar police later detained him again in connection with reporting for his news portal in July 2020. On March 14, 2022, Shah was then detained under the PSA and lodged in the Kupwara Jail.

The PSA order quashed: In April 2023, the Jammu and Kashmir High Court overturned the PSA order against Shah, calling the imprisonment “illegal” and the “non-application of mind” on behalf of detaining authorities.

Terming the journalist’s imprisonment to be “illegal” and the “non-application of mind” on behalf of detaining authorities, the court had said: A mere apprehension of a breach of law and order is not sufficient to meet the standard of adversely affecting the “maintenance of public order”. In this case, the apprehension of a disturbance to public order owing to a crime that was reported over seven months prior to the detention order has no basis in fact.

A single bench of the Jammu and Kashmir High Court, led by Justice Wasim Sadiq Narwal, had noted that the authorities “did not carefully evaluate and apply their thoughts while passing the detention order”. The bench has said that the apprehension of an adverse impact to public order “is a mere surmise of the detaining authority, especially when there have been no reports of unrest since the detainee was released on bail on January 8, 2021 and detained with effect from June 26, 2021”.

The court decided that Shah was the target of “grave” charges. “However, the personal liberty of an accused cannot be sacrificed on the altar of preventive detention merely because a person is implicated in a criminal proceeding,” the order read. “The powers of preventive detention are exceptional and even draconian.”

Detained for his opinion piece: Shah was being held at Kupwara Jail in north Kashmir under the PSA when the State Investigation Agency (SIA) arrested him on May 20, 2022, for questioning in a case.

Shah’s custody was taken over from the Kupwara jail in order to investigate the SIA’s FIR number 01/2022, which was lodged at the Joint Interrogation Centre in Jammu, against an opinion piece written by Abdul Aala Fazili, a scholar from Kashmiri University, which was published 11 years ago in The Kashmir Walla and titled as “The Shackles of Slavery Will Break”. However, the agency issued a chargesheet in the case in which Shah and a Fazili are still imprisoned in Jammu’s Kot Bhalwal jail ten months after the arrest.

Fahad Shah not the lone Kashmiri in jail, remember Khurram Parvez?

In addition to Shah, Kashmiri human rights defender Khurram Parvez has also been languishing in jail since almost 1.5 years, arrested on November 22, 2021 under the draconian anti-terrorism legislation, and is currently detained in Rohini Jail, Delhi. Parvez is a human rights defender that has worked tirelessly to document human rights violations in Jammu and Kashmir for the past 20 years. He is the Coordinator of the Jammu and Kashmir Coalition of Civil Society (JKCCS) and the Association of Parents of Disappeared Persons (APDP), and the Chairperson of the Asian Federation Against Involuntary Disappearances (AFAD).

Parvez was unlawfully, unjustly and arbitrarily detained by NIA officers after a 14-hour raid on his home and the JKCCS office in Srinagar, during which his electronic devices and several documents were confiscated. Since then, Parvez has been prosecuted on a slew of fabricated allegations relating to criminal conspiracy and terrorism, and his fundamental rights to due process and a fair trial have been repeatedly violated. In addition to the UAPA allegations filed against Parvez, the NIA filed another case against him and journalist Irfan Mehraj in October 2020, explicitly targeting JKCCS and anyone involved with the group.

In an opinion adopted on March 28 2023 and released on June 5 2023, the UN Working Group on Arbitrary Detention (WGAD) stated that the detention of activist Parvez was “arbitrary”. It called upon the Indian authorities to immediately release him and to provide him with an “enforceable right to compensation and other reparations.”

“The UN ruling on Khurram Parvez’s case authoritatively confirms that his detention is an act of reprisal for his human rights work, and an attempt to silence him and Kashmiri civil society as a whole. The Indian authorities must implement the UN’s recommendations and immediately release Khurram,” said Alice Mogwe, International Federation of Human Rights (FIDH) President, as reported by the civicus.org.

It is essential to note that the WGAD is mandated by the UN Human Rights Council to investigate alleged cases of arbitrary detention. The WGAD considers individual complaints and adopts opinions on whether the detention of a particular individual is considered to be arbitrary. This WGAD opinion was issued in response to a complaint filed jointly by FIDH, CIVICUS, FORUM-ASIA and the World Organisation Against Torture (OMCT) to the UN body on behalf of Parvez on November 22, 2022.

“The arbitrary and unjust detention of Khurram Parvez is not an isolated incident but the result of India’s relentless attacks on those who expose the Bharatiya Janata Party-led government’s discriminatory and abusive policies. India must reverse its politics of silencing dissent and guarantee the right to defend human rights in the country”, said Gerald Staberock, OMCT Secretary General, as reported by the civicus.org.

Additionally, the WGAD expressed serious concern about “the chilling effects” of Mr. Parvez’s arrest and prolonged detention on civil society, human rights defenders and journalists in India. Furthermore, the WGAD found that Parvez’s deprivation of liberty is in contravention of Articles 2, 7, 9, 11, 19 and 20 of the Universal Declaration of Human Rights and 2, 9, 14, 15, 19, 22, and 26 of the International Covenant on Civil and Political Rights.

The WGAD also determined that the authorities failed to establish a legal basis for Parvez’s detention (Category I); that his detention stemmed from his “legitimate exercise of freedom of opinion, expression and association” (Category II); that the “violations of Mr. Parvez’s right to a fair trial are of such gravity as to give his detention an arbitrary character” (Category III); and that he was deprived of his liberty on “discriminatory grounds, owing to his status as a human rights defender and on the basis of his political or other opinion” (Category V).

FIDH, CIVICUS, FORUM-ASIA and OMCT welcomed the WGAD’s opinion and reiterated their calls for the immediate and unconditional release of Khurram Parvez and all other human rights defenders currently in prison in India, and for all charges to be dropped.

Conclusion

Activists, writers, students, academics, and journalists have reported an increase in intimidation in recent years, as well as attempts to silence any critics of the current government’s decisions on Kashmir, the deployment of the army under the Armed Forces (Special Powers) Act (AFSPA), and the repeal of Article 370.

Sedition charges, legislation dating back to the British colonial era, have been on the rise. The application of these harsh and severe rules has grown so lax that hundreds of people, including poets, political organisers, activists, and human rights advocates, have been imprisoned under an antiterrorism statute, the UAPA and the PSA.

Kashmiri journalists have long been caught between deadly militants deploying arms and terror tactics and the repressive Indian government, which has tried to maintain a tight control this region of Kashmir.

14 months on, Kashmiri journalist, Fahad Shah’s detention under PSA quashed

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Shutdown Observed in Parts of Kashmir Against Ongoing ‘Eviction’ Drive

Jammu and Kashmir on Edge as Fear of ‘Eviction’ Haunts Residents

Delhi: Pulitzer awardee Kashmiri journo barred from travelling abroad, again

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Magazine covering alternative politics holds Zoom rally in solidarity with Kashmiri journalists

Thu, 30 Apr 2020 14:02:14 +0000

Image Courtesy:countercurrents.org

In light of the coronavirus, a virtual protest was organized on Monday, April 27 to stand up against the harassment of journalists in India-occupied Kashmir. The rally, held by Radical Desi, was remotely held in North Delta in Canada due to Covid-19 and was attended by various South Asian journalists and community activists from all over the globe. Radical Desi is an online publication that covers alternative politics in partnership with Indians Abroad for Pluralist India (IAPI).

Radical Desi reported that the protesters condemned the act of journalists in Kashmir being slapped with various criminal charges in a bid to suppress press freedom and voice of dissent under a right-wing Hindu nationalist government.

The rally began with a poem dedicated to the late Gauri Lankesh by Amrit Diwana. Gauri Lankesh was a journalist who was extremely vocal against religious extremism and was murdered by Hindu fanatics in 2017.

Among the protesters was the Punjabi Press Club of British Columbia (PPCBC), Navjot Kaur Dhillon. She is the first female president of the club which has been consistently raising the issue of Kashmiri journalists since last summer.

Recently, at least three Kashmiri journalists, including female photographer Masrat Zahra, were recently charged under draconian laws after being accused of spreading “anti-national” propaganda. Gowhar Geelani, another prominent journalist and a published author was among the three.

Amid the lockdown, Gowhar Geelani was booked for by the Jammu and Kashmir Cyber Police for “glorifying terrorism in the Kashmir Valley”. According to a press release by the police, he was booked for “unlawful activities” including “glorifying terrorism in Kashmir Valley, causing disaffection against the country and causing fear or alarm in the minds of public that may lead to commission of offences against public tranquility and the security of State,” cited various media reports.

Photojournalist Masrat Zahra was booked under the Unlawful Activities Prevention Act (UAPA) for allegedly glorifying “anti-national activities” on social media. The press statement by the police read, “Cyber Police Station received information through reliable sources that one Facebook user namely Masrat Zahra is uploading anti-national posts … Facebook user is also believed to be uploading photographs which can provoke the public to disturb law and order. The user is also uploading posts that tantamount to glorify anti-national activities and dent image of law enforcing agencies besides causing disaffection against the country,” The Print reported.

The protesters said that they felt that the targeting of journalists was part of a smear campaign by the Indian state to terrorize and demonize minorities and any right thinking scholar who questioned its power.

Navjor Kaur Dhillon pointed out that the Indian authorities were going after Kashmiri Muslim journalists and doing nothing against right wing media commentators who are openly spewing venom against minorities.

Others who were part of the protest were the Editor of Chardikala Newspaper, Gurpreet Singh Sahota, and Punjabi Tribune editor Dr. Gurvinder Singh Dhaliwal. Both are associated with the PPCBC.

Two social justice activists from India, Buta Singh and Satwant Singh, joined the rally online and threw light on the overall situation that exists in India under an “intolerant regime”.

IAPI President Parshotam Dosanjh, and other members of the group Sandip Modgil and Gurpreet Singh also spoke on the occasion.

Kashmir has been under lockdown since August 5 last year after the abrogation of Article 370. Special rights given to the state were scrapped and military has been heavily deployed in the name of national security to contain an ongoing struggle for the right to self-determination in the region. Not only have political activists been indefinitely detained, but journalists in Kashmir are finding it difficult to work freely and fearlessly.

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