Srinagar court grants bail to journalist Asif Sultan but tells him not to use encrypted messaging apps

A Court in Srinagar recently granted bail to Kashmiri journalist Asif Sultan in a case under the Unlawful Activities Prevention Act (UAPA) in connection with an incident of violence by prisoners lodged in the Srinagar Central Jail [Asif Sultan Syeda vs UT of J&K]..Though the case dates back to 2019, Sultan was arrested in the case only this year, just days after he was released on orders of Jammu & Kashmir and Ladakh High Court in a preventive detention case.Additional Sessions Judge Sandeep Gandotra in the order dated May 10 said that mere use of the UAPA provisions against an accused would not warrant rejection of bail in ignorance of other binding requirements."There can be no dispute at all that so far as the investigation into allegations of commission of offence under the Unlawful Activities (Prevention) Act, 1967 is concerned, that there is compelling state interest in tackling such serious crimes. However, mere use of this statutory provision would not ipso-facto warrant rejection of applications of bail ignoring the other binding requirements," the Court said.However, while ordering Sultan's release, the Court imposed certain stringent bail conditions on himAs per the same, 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, a journalist with a now-closed monthly news magazine, has been in custody since 2018. He was first arrested in another UAPA case in 2018 - a Srinagar Court granted him bail in the case in 2022.However, he was soon thereafter and booked under the J&K Public Safety Act. In 2019, he was awarded the John Aubuchon Press Freedom Award by the American National Press Club.In December 2023, the High Court quashed his preventive detention and remarked that the 2018 UAPA case appears to have weighed with the detaining authority while passing the detention order against him.Soon after his release from an Uttar Pradesh jail in February this year, he was taken into custody in the present UAPA case..While seeking bail, Sultan's counsel had argued that he had been arrested without any justifiable reason as he was not present at the place of occurrence when the incident had taken place.However, the State said that Sultan along with other jail inmates in the Central Jail Srinagar had set ablaze few barracks, shouted anti national slogans and pelted stones on jail employees due to which some officials sustained injuries..The Court noted that Sultan had not been booked under those Sections of UAPA for which he would have been required to meet the stringent conditions of bail.On merits, the Court noted that the incident in question had taken place more than five years back and sufficient time was given to the investigating agency for his custodial interrogation."The accused/ applicant was already under PSA till Feb 2024. Further, it has not been brought to the notice of this court that the conduct of accused person/applicant in judicial custody is such that does not warrant the release on bail. The further detention of the accused person/applicant in the custody shall not serve any purpose," the Court said.Considering the nature of allegations and the fact that he has been in custody for past 72 days in the case, the Court granted Sultan bail subject to various conditions..MA Pandith Advocate & Associates represented the accused.[Read Order]