Srinagar: A court in Srinagar has granted bail to Kashmiri journalist Asif Sultan, who was charged under the Unlawful Activities Prevention Act (UAPA) in connection with a 2019 incident involving prisoner violence at the Srinagar Central Jail. Asif was arrested for this case earlier this year, shortly after being released from preventive detention by order of the High Court of Jammu & Kashmir and Ladakh.
Additional Sessions Judge Sandeep Gandotra, in a May 10 order, stated that invoking UAPA provisions alone does not justify denying bail without considering other legal requirements. "There can be no dispute that investigating allegations under the Unlawful Activities (Prevention) Act is of compelling state interest. However, the mere use of this statutory provision does not automatically warrant rejection of bail applications," the court said.
The court imposed stringent bail conditions on Asif, prohibiting him from using encrypted messaging apps or proxy networks to remain anonymous and from providing telecommunication facilities to others via hotspot or WiFi. He must also seek court permission to purchase a new mobile handset or SIM card if needed.
Asif, who previously worked for a now-defunct monthly news magazine, has been in custody since 2018. Initially arrested under a different UAPA case, he was granted bail in that in 2022 by a Srinagar court but was then booked under the J&K Public Safety Act. In 2019, he received the John Aubuchon Press Freedom Award from the American National Press Club.
After the High Court quashed his preventive detention in December 2023, Asif was released from an Uttar Pradesh jail in February this year, only to be arrested again for the current UAPA case. Asif's lawyer argued that his client was arrested without justification, claiming he was not present at the location of the incident.
The state alleged that Asif and other inmates set fire to several barracks, shouted anti-national slogans, and pelted stones at jail staff, resulting in injuries to some officials. The court noted that Asif was not charged under the specific UAPA sections requiring stringent bail conditions.
The court highlighted that the incident occurred more than five years ago and that Asif's continued detention would not serve any purpose. Given his over two-month custody in this case, the court granted bail with various conditions.
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