Kashmiri journalist Asif Sultan, who was one of the first media professionals booked under anti-terror laws, has finally been released from jail after spending over five years behind bars. The Independent reported on Thursday that Sultan’s release, which occurred on Tuesday, faced a delay of more than two months despite the Jammu and Kashmir High Court’s decision to quash his detention due to procedural lapses.
Sultan had been held in a jail in Uttar Pradesh’s Ambedkar Nagar district since September 2018 under the Unlawful Activities Prevention Act (UAPA), accused of providing logistical aid to a prohibited militant organization. The High Court, on April 5, 2022, approved his release on bail, citing the investigative agencies’ failure to prove his association with any militant group.
However, just four days after the bail decision, the district magistrate of Srinagar ordered his detention under the Public Safety Act (PSA). On December 11, the Jammu and Kashmir High Court annulled Sultan’s detention under the PSA, stating that the necessary procedural steps were not adequately followed.
Under the Public Safety Act, individuals can be detained without trial for up to two years for national security reasons and up to a year to maintain public order. Justice Vinod Chatterji Koul noted that authorities appeared to consider the case against Sultan under the anti-terror law while detaining him under the Public Safety Act. Crucially, they failed to provide essential documents like the FIR or statements recorded under Section 161 of the criminal procedure, preventing Sultan from effectively challenging his detention order.
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