Released: Kashmir's Award-Winning Journalist Finally Freed from Nearly Two Years of Imprisonment
A prominent Kashmir journalist, held captive for almost two years under India's repressive sedition and anti-terror laws, has finally been granted bail and returned home This case serves as a stark reminder of the deteriorating press freedoms in the disputed region
Kashmir journalist Fahad Shah, who was arrested under India's sedition and anti-terror laws, has returned home on Thursday after being released on bail following nearly two years behind bars. Shah, the founding editor of The Kashmir Walla, an independent news outlet in Indian-administered Kashmir, was accused of publishing "anti-national content" and arrested under the country's anti-terror and colonial-era sedition laws in February 2022. Critics point to Shah's case as evidence of declining press freedoms in the contested region.
The Indian government has increased its control over Kashmir since Prime Minister Narendra Modi removed its special status in 2019, dividing the region into two union territories and placing it under direct rule of New Delhi.
Both India and Pakistan claim the mountainous Kashmir region in its entirety, leading to a decades-long territorial conflict. The region is a highly volatile area, with a de facto border called the Line of Control dividing it between New Delhi and Islamabad, making it one of the world's most dangerous flashpoints.
India stated that the decision to revoke Kashmir's semi-autonomy was aimed at ensuring equal application of national laws and promoting economic development in the region. Additionally, it was intended to combat separatism and terrorism allegedly supported by Pakistan. Despite this, journalists and activists who oppose the government's stance claim they are frequently subjected to harassment and potential arrest by authorities.
According to a court document obtained by CNN, the Jammu & Kashmir and Ladakh High Court released the individual and dismissed some of the charges on Monday.
The court's 25-page judgement stated that if it were to accept the prosecution's argument that Shah's actions were an attempt to incite violent protests in Jammu and Kashmir to break away from India, it would effectively reverse criminal law. The court further stated that labeling any criticism of the central government as a terrorist act due to the perceived damage to India's honor would directly conflict with the fundamental right to freedom of speech and expression as outlined in Article 19 of the Constitution.
The media rights organizations, both in India and abroad, were outraged by Shah's arrest. "Jammu and Kashmir authorities have shown complete disregard for press freedom and the fundamental rights of journalists to report without fear or restriction," stated Steven Butler, Committee to Protect Journalists Asia program, during the time of the arrest.
In addition to his work at The Kashmir Walla, Shah has been published in prestigious international outlets such as The Guardian, Time, and Foreign Policy. His exceptional coverage of communal violence in Delhi in February 2020 earned him the 25th Human Rights Press Award for explanatory feature writing. With a population of 1.4 billion, India is the world's largest democracy and one of the biggest media markets globally.
The Modi government has faced numerous allegations of press intimidation, suppression of free speech, and censorship of independent news outlets. According to the World Press Freedom Index by Reporters Without Borders, India's ranking has declined from 140th in 2014, when Modi took office, to 161 out of 180 nations in the latest edition, placing India below countries such as Laos, the Philippines, and neighboring Pakistan.
The group expressed deep concern about the situation in Kashmir, stating that journalists are frequently harassed by authorities and some have been held in "provisional" detention for years. CNN's Sania Farooqui reported from New Delhi.
