Prolonged imprisonment of human rights defender and journalist Sajad Gul

Since January 2022, human rights defender and journalist from Kashmir Sajad Gul has been detained under the draconian Jammu and Kashmir Public Safety Act (PSA). In November 2023, the Jammu and Kashmir High Court quashed the PSA proceedings against Sajad Gul, noting that there were no specific allegations against him that could be “prejudicial to the security of the state”. The Court also ordered for his immediate release unless he was wanted in any other criminal proceedings.

Sajad Gul is a journalist from Kashmir and a trainee reporter at The Kashmir Walla (now blocked under the Information Technology Act), an independent news outlet founded by human rights defender Fahad Shah, recently released on bail after the Jammu and Kashmir High Court also quashed PSA proceedings against him. Sajad Gul has reported on human rights issues in Indian administered Kashmir (IAK), including alleged fake encounters of civilians, forced demolition drives, and access to essential services during COVID-19.

Sajad Gul was initially arrested on 5 January 2022, after he posted a video of a family protesting against the killing of their family member in a gunfight in Srinagar, Kashmir. He faced charges under the Indian Penal Code related to criminal conspiracy, making assertions prejudicial to national integration, and making statements with intent to cause public fear or alarm. On 15 January, Sajad Gul was granted bail, but was immediately arrested under the PSA to prevent his release and transferred to Kot Bhalwal Jail in Jammu, over 300 kilometers from his family. Five months later, he was arbitrarily transferred to Bareilly Jail in Uttar Pradesh, further complicating visits from his family due to the distance and financial constraints.

Before his arrest, Sajad Gul faced false cases due to his reporting and endured consistent judicial harassment. In February 2021, he was charged with rioting, trespassing, and assault under FIR 12/2021 for reporting on a forced demolition drive in Bandipora district in IAK. In October 2021, he was booked under FIR 79/2021 on charges related to criminal conspiracy, assertions prejudicial to national integration, and public mischief after reporting on an alleged fake encounter of a young man in Bandipora district. On 13 October 2021, police officials visited his residence warned him against continuing his journalism, raided his house, and threatened him with the arrest of his family members if he continued reporting on these issues.

Despite the Jammu and Kashmir High Court’s order in November 2023 to quash PSA charges against Sajad Gul, he remains incarcerated far from his family home. Front Line Defenders has consistently raised concerns regarding the silencing and oppression faced by human rights defenders and journalists in IAK since the unilateral abrogation of Jammu and Kashmir’s autonomous statehood in August 2019. It calls upon Indian authorities to immediately release human rights defender Sajad Gul and drop all criminal proceedings against him. It further urges authorities to take adequate measures to ensure that human rights defenders in IAK can carry out their legitimate work without fear of reprisals.