Srinagar court grants bail to Kashmiri journalist Asif Sultan under UAPA, linked to 2019 prison violence. Sultan re-arrested this year after release by Jammu & Kashmir High Court in preventive detention case.
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SRINAGAR: Recently, A court in Srinagar has granted bail to Kashmiri journalist Asif Sultan in a case related to the Unlawful Activities Prevention Act (UAPA). The case pertains to an incident of violence by prisoners lodged in the Srinagar Central Jail, which took place in 2019. Sultan’s arrest in this case occurred only this year, shortly after being released on orders of the Jammu & Kashmir and Ladakh High Court in a preventive detention case.
The Additional Sessions Judge Sandeep Gandotra, in an order dated May 10, emphasized that the mere use of UAPA provisions should not automatically lead to the rejection of bail, especially when other binding requirements are fulfilled. The court acknowledged the importance of addressing serious crimes under the Unlawful Activities (Prevention) Act, 1967 but stressed the need to consider all relevant factors before denying bail.
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While granting Sultan’s release, the court imposed certain stringent bail conditions on him. These conditions prohibit Sultan from using secret/encrypted messaging apps or any proxy network to remain anonymous or bypass provisions of the India Telegraph Act and Indian Wireless Act. Additionally, he is not allowed to provide telecommunication facilities from his number or device to others through hotspots, WiFi, etc. Furthermore, Sultan must seek court permission if he wishes to purchase a new mobile handset or SIM card due to damage, loss, theft, or upgrade.
Asif Sultan, a journalist who previously worked for a monthly news magazine that is now closed, has been in custody since 2018. He was initially arrested in another UAPA case in 2018, but he was granted bail in 2022 by a Srinagar Court. However, he was subsequently booked under the J&K Public Safety Act. In 2019, he received the John Aubuchon Press Freedom Award from the American National Press Club.
In December 2023, the High Court quashed his preventive detention and raised concerns that the 2018 UAPA case might have influenced the detaining authority’s decision. Shortly after his release from a jail in Uttar Pradesh in February of this year, he was taken into custody in the current UAPA case.
During the bail hearing, Sultan’s counsel argued that his arrest was unjustifiable since he was not present at the location when the incident occurred. However, the State countered by stating that Sultan, along with other jail inmates, had set fire to several barracks, shouted anti-national slogans, and pelted stones at jail employees, resulting in injuries to some officials.
The court observed that Sultan had not been charged under the UAPA sections that would require stricter bail conditions. It also took into account that the incident in question had occurred more than five years ago, and sufficient time had been given to the investigating agency for his custodial interrogation.
“The defendant/applicant was previously under PSA until February 2024. Additionally, this court has not been informed of any misconduct by the defendant/applicant while in judicial custody that would justify denying bail. Continuing the defendant/applicant’s detention would not be beneficial.”
– the Court stated.
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Taking into account the seriousness of the accusations and Sultan’s 72-day detention in connection with this case, the Court granted him bail with certain conditions. MA Pandith Advocate & Associates represented the accused.
CASE TITLE:
Asif Sultan Syeda vs UT of J&K.