The International Press Institute (IPI) welcomes the this week of Kashmir journalist Fahad Shah after nearly two years in prison on terrorism charges. We call on authorities to drop all remaining charges against him and for an end to the repression of journalists in Kashmir.
IPI also welcomes a court decision this month nullifying proceedings against another Kashmiri journalist, Sajad Gul, who was detained in 2022 while working as a trainee reporter with Shah鈥檚 news outlet. IPI calls for Gul鈥檚 immediate release in light of the court鈥檚 ruling.
IPI had repeatedly called for the release of Shah and Gul. Earlier this year, IPI sent a letter to Indian Prime Minister Narendra Modi urging the government to cease targeted attacks and harassment of independent journalists in Kashmir, which IPI has closely documented over the past two years.
鈥淲e welcome the release of Fahad Shah after nearly two years in prison on terror charges that a court has now recognized were arbitrary and without merit鈥�, IPI Deputy Director Scott Griffen said. 鈥淭he court has sent an important reminder that critical news and opinion is protected speech and not terrorism. This ruling, while important, does not reverse the wrong done to Fahad Shah and does not make up for the 21 months that he unjustly spent behind bars.鈥�
鈥淲e call on the authorities to drop all remaining charges against Shah and immediately release Sajad Gul in line with the court鈥檚 decision. Indian authorities must urgently end their crackdown on the press in Kashmir and allow journalists to exercise their constitutional right to report freely.鈥�
Nearly two years in detention
Shah, the owner and editor of the news portal The Kashmir Walla, was released from Kot Bhalwal jail in Jammu on November 23 after spending nearly two years in confinement. He was freed on bail after a court dismissed terrorism charges against him under the Unlawful Activities Prevention Act (UAPA).
Shah was charged on the basis of an opinion piece published by The Kashmir Walla in 2011. It was written by Abdul Aala Fazili, a University of Kashmir student, and addressed the Indian “occupation” and advocated for regional freedom. Fazili .
The High Court of Jammu & Kashmir, however, this month that the publication did not incite violence or armed insurrection. The court鈥檚 ruling, which IPI has reviewed, also rejected the prosecution鈥檚 argument that 鈥渂esmirching鈥� the honor and dignity of India could be considered terrorism under the UAPA. The court said this argument 鈥渨ould literally turn criminal law on its head. It would mean that any criticism of the central government can be described as a terrorist act [鈥鈥�, a proposition, the court said, that clashed with freedom of expression as guaranteed by India鈥檚 Constitution.
While quashing the terrorism charge, the court other charges against Shah to move forward, including two charges under the Foreign Contribution (Regulation) Act, which are related to a donation that The Kashmir Walla received from the press freedom organization Reporters without Borders. Shah also continues to face charges in three separate cases.
As IPI reported at the time, Shah was first arrested in February 2022 following The Kashmir Walla鈥檚 coverage of a deadly police raid. He was later freed and re-arrested as part of a 鈥溾�� of legal proceedings.
No evidence of wrongdoing
In a separate case, the High Court of Jammu & Kashmir Public Safety Act (PSA) proceedings against journalist Sajad Gul. In its ruling, the court criticized the arbitrary imprisonment of government critics as an ““.
Gul was working as a trainee reporter for The Kashmir Walla when he was in January 2022 for “promoting enmity” in Jammu and Kashmir. As IPI reported at the time, Gul was arrested for publishing a video on Twitter of a protest in which demonstrators shouted anti-Indian slogans. Police then ordered his formal detention, of “creating obstacles and spreading a “fake and false narrative” about an anti-terrorist operation.
Now, almost two years later, the court said authorities of Gul’s involvement in any wrongdoing, according to news reports. The court the authorities to release Gul from preventive custody. He is expected to be released this week.
Long shadow of repression in Kashmir
As IPI has repeatedly documented, the Jammu and Kashmir region has faced a severe crackdown on media freedom, including arbitrary arrests and communications blackouts. The situation for journalism deteriorated sharply after August 2019, when the Indian government Article 370 of the Indian Constitution, stripping Kashmir of its autonomous status.聽 Journalists face harassment, surveillance, and financial pressure, leading, in some cases, to self-censorship or leaving the region.
In August, India鈥檚 Ministry of Electronics and Information Technology blocked The Kashmir Walla. The outlet鈥檚 Facebook page, with nearly half a million followers, and Twitter profile were also shut down in response to legal demands issued by the Ministry. The outlet said it had not received any prior notice or official order regarding the Ministry鈥檚 decision to block its website and social media accounts. IPI said the move was a violation of both press freedom and due process and should be reversed. The Kashmir Walla鈥檚 website remains blocked.