SRINAGAR: On the day of April 5, 2022, a sense of joy pervaded the Asif Sultan household in Batamaloo in central Srinagar.
It was a sunny spring day in the Indian illegally occupied Jammu and Kashmir, and after more than three and a half years of visits to courts and police stations, the family had received good news – Asif Sultan, a journalist, husband, father and son, had been granted bail.
Relatives gathered, waiting for him to return home. When hours turned to days, Asif’s family began to get worried, BBC News reported. On 10 April, another charge was brought against Asif and he wasn’t released, rather, moved to a jail outside the occupied territory, making visits difficult for the family.
“We are devastated but will keep fighting in court. Everyone knows he’s innocent so we will win eventually,” his father Mohammad Sultan said. His five-year-old granddaughter Areeba ran into the room and sat on his lap – she was six months old when her father was arrested.
Asif Sultan, journalist and editor of a local monthly magazine was arrested in 2018 for his work.
Asif Sultan was first charged with aiding militancy in Muslim-dominated Kashmir, which has seen an indigenous struggle against Indian rule since 1989.
The story of Asif Sultan, a journalist who found himself entangled in a web of accusations and legal complexities, sheds light on the challenges faced by the media in the region. This media explores the allegations against Sultan, the laws under which he was charged, and the broader implications for press freedom in Kashmir.
Asif Sultan’s journey through the tumultuous landscape of Kashmiri journalism began with his arrest on charges of aiding militancy, a serious accusation in a region that has witnessed a longstanding armed insurgency against Indian rule since 1989. The charges were filed under the Unlawful Activities Prevention Act (UAPA), a stringent anti-terror law that makes securing bail a formidable challenge. To compound matters, Sultan faced a second charge under the Public Safety Act (PSA), a controversial law that permits detention without formal charges for up to two years.
A voice silenced
Amid these accusations, Asif Sultan’s family vehemently rejects the charges, asserting that he was targeted for his journalistic work. Notably, Sultan had authored an article about an anti-India militant a month prior to his arrest in August 2018. His father, Mohammad Sultan, insists that Asif, a dedicated professional reporter, was imprisoned solely for reporting on militancy and holds no affiliations with extremist groups. According to his father, the government aimed to set an example through Asif’s case, discouraging coverage of topics disapproved by the authorities.
Amid growing concerns about press freedom in the region, the BBC undertook an extensive investigation into allegations against the Indian government. The investigation revealed a pattern of intimidation and suppression of the press, prompting journalists to speak out anonymously for fear of reprisals. During this inquiry, more than two dozen journalists — working independently and for various media outlets — voiced their apprehensions regarding government actions that they perceive as a veiled warning against unfettered reporting.
The struggle of Kashmiri journalists
Asif Sultan’s case is not an isolated incident. His five-year incarceration is emblematic of a larger issue plaguing Kashmiri journalism. Since 2017, multiple Kashmiri journalists have been arrested, with at least seven detained, including Asif. While some have been released, others, like Sultan, continue to languish behind bars. This situation underscores the dire need for greater press freedom and protections for journalists in a region grappling with complex political dynamics and heightened tensions.
Fahad Shah was arrested and accused of “propagating terror” under anti-terror laws last year.
Fahad Shah, who edited a digital magazine, was arrested in February 2022 under anti-terror laws, accused of “propagating terror”.
One month prior to his detention, freelance journalist Sajad Gul was apprehended shortly after sharing a video on social media depicting local residents vociferously expressing anti-India sentiments. Sajad faced allegations of engaging in a criminal conspiracy. On separate occasions, both he and another individual, who had previously been granted bail, were re-arrested under fresh charges.
The most recent incident of journalist apprehension occurred in March of this year. Irfan Meraj, whose contributions have been featured in international media platforms, stands accused of maintaining connections with sources of terror funding. Several other members of the press also find themselves entangled in legal proceedings.
In an attempt to address the allegations levelled against these journalists, the BBC has consistently requested responses from the regional administration and law enforcement. We have initiated efforts to conduct interviews and have dispatched emails containing specific inquiries. Regrettably, no response has been received thus far.
During the G20 summit held in Srinagar in May, we posed questions to Manoj Sinha, the highest-ranking official in the region, concerning accusations surrounding a clampdown on media activities.
He said the press “enjoys absolute freedom”. Journalists were “detained and arrested on terror charges and for attempts to disrupt social harmony, not for journalism or for writing stories,” he said.
We have heard multiple accounts which belie the claims.
“It’s very common for a journalist to be summoned by the police here. And dozens of instances where reporters have been detained over their news reports,” one reporter told me.
“I started getting calls from the police about a story I did. They kept asking why I’d done it. Then I was questioned in person. They said they know everything about me and my family which was very scary. I kept thinking about whether I would be arrested or harmed physically.”
Over 90% of the journalists I interviewed reported being called in by the police at least once, with a significant number of them experiencing multiple instances related to a story. Responses varied, as some mentioned encountering a polite demeanour from the police, while others described facing anger and threats.
“We live in fear that any story could be our last story. And then you’d be in jail,” one journalist said.
“Journalism is dead and buried in Kashmir,” another reporter told me.
Every journalist I interviewed mentioned receiving multiple calls from the police in recent years for what they referred to as “routine background checks.” I personally observed one of these calls taking place. During this instance, the journalist accompanying me received a call from the local police station. They activated the speakerphone function on their phone, allowing me to hear the conversation. The police officers introduced themselves and proceeded to inquire about the journalist’s name, address, and workplace. Curious about the purpose of collecting such information, the journalist inquired further. Despite maintaining a friendly demeanour, the officer proceeded to share intricate details about the journalist and their family, which encompassed their parents’ occupations, residential details, their siblings’ educational and occupational status, including the degrees they held, and even the name of a business operated by one of the siblings. In the aftermath of the call, I inquired about the journalist’s emotional state and how they were affected by the interaction.
‘It’s worrying,” they said. “I’m thinking now are they watching me, are they watching my family, what triggered this phone call and what’s going to happen next?”
Reporters based in Srinagar informed the BBC that they frequently receive summonses from the police for interrogation. Additional journalists recounted instances where they were probed about highly personal matters, such as their property holdings, bank accounts, religious affiliations, and political convictions.
Expressing their frustration, a journalist remarked, “In Kashmir, journalists are being treated as if they are criminals. We’re unfairly labeled as unpatriotic, sympathizers of terrorism, and reporters favoring Pakistan. They fail to grasp that our duty is to provide a comprehensive view of all perspectives.”
The entire Kashmir region remains a contentious point of contention between India, Pakistan, and China, with each nation exerting control over different sections.
The region has also been the target of allegations concerning human rights abuses by Indian security forces, intensifying resentment towards Indian governance and bolstering support for the freedom fighters.
According to journalists, the Indian government is actively attempting to suppress coverage related to separatist movements and militant organizations, along with any reporting critical of security forces or administrative actions, even those involving day-to-day civic matters.
Numerous journalists shared that they began feeling heightened scrutiny after the 2018 arrest of Asif Sultan, and the situation significantly deteriorated after August 2019. This was the time when India nullified the region’s special status and divided the solitary Muslim-majority state into two territories, both under the control of the national government led by the Hindu nationalist Bharatiya Janata Party (BJP). The legality of these actions is presently under consideration in the Supreme Court of India.
For the past five years, the region has operated without an elected local government. When the chief justice recently inquired about the timing of upcoming elections, emphasizing the significance of “restoring democracy,” the government was unable to provide a definite timeline.
“Because there’s no elected representative we can approach, the government gets away with acting with impunity,” a journalist said.
At least four journalists from Kashmir have openly disclosed that Indian immigration authorities prevented them from departing the country. These journalists had their boarding passes stamped with the word “cancelled,” yet no explanation was provided for this action. Among them is a photographer who was awarded the Pulitzer Prize but could not attend the awards ceremony due to the incident.
The BBC has uncovered information indicating that a substantial number of Kashmiri journalists are on a list of individuals prohibited from leaving India, although this list has not been released to the public. Inquiries were made to the police regarding the legal justification for these “lookout circulars,” the term used officially, but no response has been received thus far.
Furthermore, journalists have encountered obstacles in the renewal of their expired passports, as fresh passports have been withheld from them. In recent weeks, previously issued passports for certain journalists have also been invalidated. According to government communication, these journalists are being categorized as a “security threat” to India.
“We feel choked and suffocated,” one journalist said. “All of us are self-censoring. I read my report once as a journalist, then I read it like a policeman would and I start deleting things and watering it down. There’s hardly any journalism being done, it’s mostly just PR for the government.”
Editors frequently receive instructions from the administration regarding the content to include or omit. They have been directed to employ the term “terrorist” in lieu of “militant” when describing armed insurgents. The financial reliance of regional media outlets on government advertising is substantial, and several of these outlets have faced intimidation, including the potential loss of funding, to ensure compliance with such directives.
“I hate what I do every day, but what about the people I employ? What happens to them if I shut down?” one editor said.
The impact on journalism in this region becomes clear when one engages with the local media. After dedicating three days to comparing numerous publications in Kashmir with the daily governmental press releases, a consistent pattern emerged. The majority of these newspapers prominently featured the official press release on their front pages. While a portion had made alterations to the content, others had chosen to reproduce it verbatim.
The remainder of the front pages appeared to be dominated by proclamations from the government and security forces. Among the various articles and reports, a scarcity of journalistic pieces that held the government accountable was unmistakable. In a notable incident from June, allegations arose concerning the entry of Indian army personnel into a mosque in Pulwama, situated in southern Kashmir. These personnel were reported to have exclaimed “Jai Shri Ram” (Hail Lord Ram), a Hindu chant.
Under ordinary circumstances, journalists from diverse news outlets would have converged in Pulwama, engaging with all relevant parties on the ground to verify facts and compile comprehensive reports. However, in the aftermath of the incident, merely a handful of newspapers carried the story. The majority of these publications relayed the event through a quote attributed to regional politician Mehbooba Mufti, who called for a thorough investigation.
Conversations with journalists revealed a palpable sense of apprehension, stemming from potential threats posed by both militant groups and the Indian state. In the subsequent days, more newspapers began to cover the incident. Yet, the coverage was largely centered around the Indian army’s investigative efforts, with limited on-the-ground reporting.
While the majority of journalists expressed concerns about potential repercussions from the state, a subset also voiced fears of reprisals from militants. Instances of militant groups issuing threats to journalists through their online platforms have been documented.
I spoke to one journalist who received a threat.
“A journalist’s life in Kashmir is like walking on a razor’s edge. You live in fear all the time,” he said.
What are you afraid of, I asked.
“Of a bullet coming at me. When I see a motorcycle stop next to me, I feel terrified that someone is going to pull out a gun and shoot me, and that no one will ever find out who did it,” he said.
In 2018, Shujaat Bukhari, a prominent editor, was fatally shot outside his Srinagar office, allegedly by militants according to the police. Despite the passage of five years, the trial for his murder has not yet commenced.
Amidst the backdrop of conflict in the region, a haven for journalists to convene without constraint, exchange stories, and alleviate their concerns existed at the Kashmir Press Club in central Srinagar. This space proved particularly invaluable for freelance journalists devoid of official workspaces.
Yet, its significance surpassed mere convenience. Serving as the primary advocate for press rights and liberty in the area, the Kashmir Press Club played a pivotal role.
The former Kashmir Press Club in central Srinagar now serves as a police office
Last year, the government shut it down. The complex I’ve visited so often to get invaluable local insight into stories, now houses a police office.
Journalists say they have nowhere to turn to when they feel threatened.
Foreign journalists need Ministry of Home Affairs permission to visit Kashmir and are rarely given it. The G20 event in May was the first-time foreign journalists had been allowed to visit Srinagar in the past few years, but the access was extremely controlled – defining which areas they could visit and what they could cover.
Over the past decade, all of India has witnessed a serious decline in press freedom, which is reflected in global rankings, cases against journalists and raids against media houses. But the degree of the decline in Kashmir is extreme – we have found evidence that press freedom has been all but eroded here.
In the Sultan household, a copy of Kashmir Narrator, the magazine Asif Sultan used to write for, takes pride of place on a shelf in the living room.
His father opened the well-thumbed magazine and pointed to Asif’s photo in a byline. Mohammad asked his granddaughter who the person in the picture was.
“My Papa. He is in jail,” Areeba replied.
Mohammad hopes Asif is released before Areeba gets to an age where she registers what has happened to her father.
“I’m getting old,” he said. “But I’m trying to be both a father and grandfather to her. How long can I do this for?”
