Srinagar: A court in Srinagar granted bail to Kashmiri journalist Asif Sultan in a PSA (Public Safety Act) case related to an incident that occurred in Srinagar's Central Jail in 2019, where prisoners allegedly ransacked the barracks following an argument with prison staff.
Asif Sultan, 36, was initially arrested in August 2018 under the UAPA (Unlawful Activities Prevention Act), with police accusing him of aiding and sheltering militants after writing an article in 2018 for a now-defunct monthly news magazine about the rise of Burhan Wani, a young militant leader whose death in a military operation sparked protests and deadly unrest for two years.
In February, the J&K High Court quashed the UAPA charges after Sultan had been held on remand in a Uttar Pradesh jail for more than five years. However, he was subsequently rearrested.
Additional Sessions Judge Sandeep Gandotra, in an order dated May 10, said that simply applying the UAPA provisions against an accused shouldn't automatically lead to bail rejection, especially if other essential legal criteria aren't met.
However, while ordering Sultan's release, the Court imposed certain stringent bail conditions on him, stating that Sultan "shall neither use any secret/encrypted messaging apps or any proxy network (viz VPNS) to remain anonymous and circumvent provisions of India Telegraph Act and Indian Wireless Act and orders/restrictions issued there under nor provide any type of telecommunication facility from his number or device to other person through hotspot, WiFi etc."
He would also be required to seek permission from the court in case he wants to buy another mobile handset or a new SIM card in event of damage, loss, theft or upgrade.
Sultan's legal representative contended that his client's arrest lacked justification since he was not present at the site when the incident occurred. Conversely, the State asserted that Sultan, along with fellow inmates at the Central Jail Srinagar, had allegedly set fire to several barracks, voiced anti-India slogans, and hurled stones at jail staff, resulting in injuries to some officials.
In 2019, he was awarded the John Aubuchon Press Freedom Award by the American National Press Club.