In a significant development, the Jammu and Kashmir High Court has invalidated the detention of award-winning journalist Asif Sultan under the Public Safety Act (PSA). The court ruled that procedural requirements were not adhered to in letter and spirit during his detention.
As per the Public Safety Act, authorities can detain individuals without trial for up to two years for national security reasons and up to a year to maintain public order.
Justice Vinod Chatterji Koul, in quashing Sultan’s detention order, directed authorities to release him from Agra Central Jail in Uttar Pradesh unless needed in another case. Sultan, who received the John Aubuchon Press Freedom Award in 2019, has been in custody since August 2018.
Sultan was initially granted bail in April last year but was subsequently taken in for questioning by the Counter-Insurgency Kashmir unit of the Indian police. He was then redetained under the PSA, initially in Kot Bhalwal jail in Jammu and later moved to Agra jail.
Justice Koul’s order highlighted that authorities considered Sultan’s case under anti-terror laws but failed to provide him with essential documents, such as copies of the First Information Report (FIR) or statements recorded under Section 161 of criminal procedure. These documents constituted the basis for Sultan’s detention under PSA.
The court emphasized that the absence of these documents hindered Sultan’s ability to meaningfully exercise his right to representation against the detention order. It stressed that a detenu can effectively challenge apprehensions only when armed with all relevant materials.
This decision follows recent instances where the Jammu and Kashmir High Court overturned the detention order of journalist Sajad Gul, held under the PSA since January 2022. Additionally, Fahad Shah, the editor of the now-banned news website Kashmir Walla, was granted bail for an article published in 2011.
As calls for journalistic freedom and proper legal procedures echo in the region, these legal developments mark crucial milestones in safeguarding individual rights and upholding fair procedures.
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