In this connection, we would like to bring to the attention of your Excellency ’ s
Government information we have received concerning acts of alleged arbitrary
detention and intimidation of journalists covering the situation in Jammu and
Kashmir .
Our concerns over the situation of journalists in Jammu and Kashmir have
been shared with your Excellency ’ s Government through a previous joint
communication dated 6 May 2020 (IND 8/2020). We regret that no reply has yet been
received to this communication.

According to the information received:
Alleged arbitrary detention of Mr. Fahah Shah
On 18 June 2017, the local police detained without a warrant Mr. Shah outside
his home, in Srinagar, and took him on their vehicle to the local police station.
From there, he was driven to the “ Cargo ” , a detention center in Soura (about
18 kms away) without explanation. Mr. Shah was allegedly interrogated for
eight hours by a group of officers who inquired about his journalistic work and
his travels. Although his mobile phone was returned, his laptop was kept by the police. During the interrogation, he did not have access to legal
representation, nor could he inform his family that he had been detained. He
was released on the same day with no charges.
On 8 July 2020, Mr. Shah ’ s residence in Srinagar was attacked by unknown
individuals who fired tear gas while he was inside.
In May 2020, Mr. Shah was summoned by the Srinagar police for questioning
in connection with articles published in Kashmir Walla, which reported
incidences of gunfight in downtown Srinagar on 19 May 2020, in which two
individuals were killed and 19 residential houses were damaged. He was
released after four hours of interrogations without being accused of any charge
and without access to legal representation. On 10 July 2020, Mr. Shah was
summoned again for questioning by Jammu- Kashmir Police for the same
reasons and released after five hours. He did not have access to a lawyer
during this time.
A week later, on 18 July 2020, Mr. Shah ’ s car was damaged and its windows
broken by the police officers during a counter- insurgency operation in the
neighborhood. Allegedly, his car was the only one damaged during this
operation.
On 3 October 2020, Mr. Shah and another colleague were returning from a
reporting trip from the state of Punjab when police officers stopped his vehicle
at the first checkpoint upon entering the community. An officer asked for his
ID, and then went to the Senior officer at the checkpoint. Subsequently, a
dozen police officers with rifles encircled the journalists, while asking them to
exit the car. The Senior officer demanded Mr. Shah to hand over the
journalists ’ mobile phones, before they were taken to the Qazigund police
station, where Mr. Shah was interrogated for four hours by a deputy
superintendent of police about his work, and warned him to show “ self-
restraint ” and report “ cautiously ” about matters related to “ national security ” .
Mr Shah was released at 10 pm after signing a statement mentioning that his
car, phones, and other belongings were returned without any tampering. He
did not have access to legal representation during the interrogation.
On 30 January 2021, a complaint was filed against the Kashmir Walla for
reporting that authorities had obliged a local school in Shopian District (South
Kashmir) to celebrate India ’ s Republic Day. The police accused the Kashmir
Walla of inciting enmity between groups and provoking riots. Mr. Shah and
one of his colleagues were charged with “ provocation to cause a riot ” and
“ public mischief ” (article 153 and 505 of the Indian Penal Code), which
establish a punishment of up to three years. Mr. Shah and other members of
the newspaper approached the district court in Shopian seeking anticipatory
bail, however, it was was denied by the court.
Alleged arbitrary detention of Mr. Auqib Javeed
From 14 to 16 July 2018, Mr. Javeed was arrested and questioned by India ’ s
National Investigative Agency (NIA), in New Delhi, after he had interviewed
a Kashmiri separatist leader for an English newspaper. His personal
belongings were confiscated for three days. His lawyer was allegedly barred from attending the questionings by the NIA.
On 18 September 2020, Mr. Javeed published a story about several active
Twitter users who had stopped tweeting about contentious issues in Kashmir.
Allegedly, the reports showed that the police had probed 300 social- media
accounts, calling them a “ cyber- bullying group ” . During his reporting
investigation, Mr. Javeed allegedly contacted some of these users, who,
anonymously said they had been questioned, intimidated by police and left off
only after promising not to issue posts against the government and its policies.
While preparing the story and in order to put the police version of events on
record, Mr. Javeed called the Superintendent of Police (SP) of the Cyber
Wing, who denied the claims of users summoned by his officers to Srinagar ’ s
Cyber Police Station for “ political tweets ” .
That same day, at around 5 pm, Mr. Javeed was summoned by a State official
via phone for the next day in relation to this story in the city of Shergadi,
located 66 km from his home town. He was accompanied by two colleagues
from the Kashmir Press Club. Their phones were taken when they entered the
premises, while the journalists were asked to wait in a room. Subsequently, a
police officer asked Mr. Javeed to accompany him, and asked the other two
journalists to wait in the room. During the interrogation, Mr. Javeed was
slapped multiple times, while officers inquired about the article he had written
and accused him of publishing a fabricated story. He was also threatened, and
was told that the “ Kashmir police is burning houses because of people like
[him] were spreading fake narratives. ” Mr. Javeed was then told to change the
headline of the article, as well as the picture in it, which portrayed an
establishment of the Cyber Wing of the Kashmiri police. During the
interrogation, Mr. Javeed had no access to legal representation. Although his
phone was given back, some conversations about his journalistic work were
allegedly deleted.He was released on the same day without charges.
Intimidation against Mr. Sajar Gul
On 9 February 2020, Mr. Gul reported a demolition without permission carried
out by the police in Hajin. After the report was published, Mr. Gul received a
call from a local police officer threatening legal action against him.
The next day, the same police officer went to Mr. Gul ’ s village, Shahgund,
and demolished his maternal uncle ’ s fence and Gul ’ s property. Shahgund
villagers started pelting stones and organized a peaceful protest in situ. The
police officer filed a first information report (FIR), a complaint, against the
locals including against Mr. Gul and four of his family members. The
journalist has been charged with “ rioting ” according to Article 147, “ criminal
trespassing ” Article 447, “ assaulting public servant ” and Article 353 of the
Indian Penal Code. According to the defense, the journalist was in Srinagar at
the moment of the alleged protests, about 40 kilometers away from the
location it took allegedly took place. The FIR under number 12/2021 is still
registered against Mr. Sajar Gul at Police station in Hajin.
Alleged arbitrary detention of Mr. Qazi Shibli On 29 July 2019, Mr. Shibli was detained in Anantnag (Jammu) allegedly for
reporting a story related to the deployment of security troopers in the Kashmir
valley.  After being questioned intermittently, he was kept in detention under
the Public Safety Act for a period of 9 months and placed in solitary
confinement. He was subsequently released on 24 April 2020.
In July 2020 July, he was arrested again for reporting on a Fake Encounter in
Shopian Kashmir. He was reportedly detained for more than 18 days with no
access to legal representation.
Closing of the Kashmir Times
On 6 September 2020, officers from the State Department informed the
Kashmir Times staff that their allotment of the building was due to be closed;
however, they did not show any order. Later, the newspaper manager and
bureau chief went to the State Department  ́ s office and met with an officer and
an assistant director to inquire about this decision, but failed to get any
response. After two days, one of the officers revealed that there was indeed an
order of closure, but that it could not be shared.
On 19 October 2020, around 5p.m some employees of the Jammu and
Kashmir State Department entered the newspaper office and asked the staff to
leave the premises. When the staff asked for the relevant printed order, they
were told that they should meet the “ higher- ups ” of the State Department.
After two days, the court order and an inventory of objects in the office was
shared through WhatsApp. According to the information we received, an
eviction process establishes that a notice needs to be served to the occupant
before the eviction takes place, stating valid grounds on which allotment is
being cancelled with a time period of not less than seven days for the occupant
to respond, according to the J&K Public Premises (Eviction) Act, article 4. Up
to this date, the offices of the Kashmir Times remain closed and no
opportunity to appeal the decision has been granted.
While we do not wish to prejudge the accuracy of the information made
available to us, we express serious concern at the reported acts of harassment and
seemingly arbitrary detention and criminal proceedings and detentions levied or
imposed against the aforementioned journalists, which is reportedly related to their
journalistic activities on the situation in Jammu and Kashmir.
We are also deeply concerned by the alleged closure of the Kashmir Times
offices, which also seems to be connected to its independent and reportedly outspoken
reporting in the region. We respectfully recall that journalism constitutes a necessary
service for any society, as it provides individuals, and society as a whole, with the
necessary information to allow them to develop their own thoughts and to freely draw
their own conclusions and opinions (A/HRC/20/17 para 3). We note that the
deprivation of liberty of any individual for exercising his/her right to freedom of
expression would consitute an arbitrary deprivation of liberty, contrary to Article 9 of
the Covenant, (CCPR/C/GC/35 para. 17)
We also express deep concern at reports indicating that Mr. Javeed ’ s computer
and mobile phone were allegedly searched without a warrant and that data contained
within them was reportedly deleted, in apparent disregard for the prohibition of unlawful and arbitrary interference in the private life of individuals, which we recall is
an essential component of media freedom. We are also particularly concerned that
some of the above journalists seemingly did not have access to legal representatives
while in detention, in apparent contravention of the right to counsel and to a fair trial
under international human rights law.We are deeply concerned that these alleged
violations of the rights to freedom of expression, privacy, and to a fair trial and
defence guarantees may be part of a broader pattern of silencing of independent
reporting in Jammu and Kashmir, which in turn may ultimately deter other journalists
and civil society more broadly from reporting on issues of public interest and human
rights in the region.
Finally, we remain deeply troubled by the fact that, in addition to being
punished for it, some of these journalists were reportedly told or threatened to change
the focus of their reporting, sometimes on vague national security related grounds. We
remind your Excellency  ́ s Government that any limitations must be determined by law
and must conform to the strict test of necessity and proportionality must be applied
only for those purposes for which they were prescribed and must be directly related to
the specific need on which they are predicated.