Srinagar Court Grants Bail to Journalist Asif Sultan In 2019 Central Jail Violence Case

Sultan was arrested in 2018 under various charges including harboring terrorists. He was granted bail in April 2022 but was immediately booked under the Public Safety Act (PSA), a law that allows detention without trial.

Just two days after his release from PSA in February 2024, he was re-arrested for his alleged involvement in the 2019 jail violence. The FIR against him mentions rioting, unlawful assembly, attempted murder, and accused him under provisions under Unlawful Activities Prevention Act.

The bail application, filed by Asif Sultan, sought his release on the grounds of innocence and lack of evidence linking him to the alleged offenses. The journalist, represented by M/s. M.A. Pandith Advocate & Associates, argued vehemently that he was a peaceful citizen with no connection to the violent incident.

On the other hand, the prosecution, represented by the Assistant Public Prosecutor for the UT of J&K, opposed the bail application, citing the seriousness of the allegations and the potential threat to public peace and security.

After careful consideration of the arguments presented by both parties, the Special Judge, Sandeep Gandotra, issued a detailed order outlining the rationale behind granting bail to Asif Sultan.

The Court acknowledged the seriousness of the charges under the Unlawful Activities (Prevention) Act (UAPA). However, it observed that the incident occurred over five years ago, and Sultan had already been detained for 72 days.

“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.

The court further added,

“In this case, the accused person/applicant has been booked for the offences under sections 13 UAPA Act, 147, 148, 149, 336, 427, 332, 307, 435, 436/RPC. As such, the embargo contained under chapter VI & VI of ULA (P) Act, is not attracted in the present case”

Considering the facts, the Court granted bail to Sultan with several conditions which include furnishing a bond of Rs. 1,00,000, appearing before the investigating officer as required, not tampering with evidence, and refraining from influencing witnesses.

The Court order also laid out detailed restrictions on Sultan's communication methods and movements.

“That the accused person/applicant 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”, the court concluded while admitting him on bail.

Case Title: Asif Sultan Vs UT of J&K

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