Bail granted to Journalist Asif Sultan.. but…
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 in 2019 [Asif Sultan Syeda vs UT of J&K], Bar and Bench reported.
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 requirement.
“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, the Court imposed certain stringent bail conditions.
As 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.”
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