State: Jammu and Kashmir

Year: 2022

Date: January 5, 2022

Source:

Arrests – Journalists

Journalist Sajad Gul, 26, was arrested by security forces a day after he posted a protest video by a family of a Lashkar-e-Taiba (LeT) militant who was killed on January 3 in a security operation in Srinagar. Sajad Gul’s video-tweet on January 4 showed the family of the deceased militant, Salim Parray protesting against the killing.

According to Gul’s family member, he was arrested in an army raid at his house around 10:00 pm on January 5. The police publicly announced his arrest via a press release on January 8. The Press release accuses Gul of spreading “disinformation and false narratives” through different social media platforms in order to create “ill will” against the government.

According to the Police, a First Information Report (FIR) was filed against him for uploading ‘objectionable videos with anti-national slogans’ . Journalist Gul was charged under 120B (party to criminal conspiracy), 153B (imputations, assertions prejudicial to national integration), and 505B (fear or alarm to the public) sections of the Indian Penal Code (IPC).

Updated On: November 19, 2023

Court cancels journalist Sajad Gul's detention; terms allegations 'vague, 'general'

The Jammu and Kashmir and Ladakh High Court has quashed the detention of Kashmir-based journalist Sajad Ahmad Dar (Sajad Gul), saying being a critic of the government is not the grounds to detain a person. The court said it found the allegations against him vague and general (without any specific instance).

The high court also slammed the authorities, terming such detentions ‘an abuse of the preventive detention law’. Sajad Gul has been under detention under the Jammu and Kashmir Public Safety Act since January 16, 2022, on charges of promoting enmity through his social media posts and statements.

In its judgment, the court observed, “Such a tendency on the part of the detaining authority to detain the critics of the policies or commissions/ omissions of the Government machinery, in our considered opinion, is an abuse of the preventive law.”

Further, the division bench comprising Chief Justice N Kotiswar Singh and Justice MA Chowdhary noted that the grounds of detention nowhere mention that Gul had uploaded any false story or that his reporting was not based on true facts