Category: Fahad Shah

  • New York, June 14, 2023—­­Ahead of Indian Prime Minister Narendra Modi’s visit to the U.S. from June 21 to 24 and meeting with U.S. President Joe Biden, the Committee to Protect Journalists on Wednesday issued the following statement calling on the U.S. government to urge India to end its media crackdown and release the six journalists arbitrarily detained in retaliation for their work:

    “Since Prime Minister Modi came to power in 2014, there has been an increasing crackdown on India’s media,” said CPJ President Jodie Ginsberg. “Journalists critical of the government and the BJP party have been jailed, harassed, and surveilled in retaliation for their work. India is the world’s largest democracy, and it needs to live up to that by ensuring a free and independent media–and we expect the United States to make this a core element of discussions.”

    On Wednesday, June 14, CPJ convened an online panel, “India’s Press Freedom Crisis,” with opening remarks and moderation by Ginsberg alongside panelists Geeta Seshu, founding editor of the Free Speech Collective watchdog group; Anuradha Bhasin, executive editor of the Kashmir Times newspaper; and Shahina K.K., senior editor for Outlook magazine.

    The panelists discussed the deterioration of press freedom over the last decade, with Seshu detailing the rise in censorship and “vicious” attacks on the media, while Shahina shared her ongoing battle to fight terrorism charges filed nearly 13 years ago by the Karnataka state government, then led by Modi’s BJP party, in retaliation for her investigative reporting.

    Bhasin spoke about the “effective silence” that Kashmiri journalists have dealt with since the Modi government unilaterally revoked Jammu and Kashmir’s special autonomy status in 2019, with multiple cases of reporters being detained and interrogated.

    CPJ calls on the U.S. government to urge India to act on the following press freedom violations:

    • The harassment of the domestic and foreign media, including routine raids and retaliatory income tax investigations launched into critical news outlets. In February, income tax authorities raided the BBC’s offices in Delhi and Mumbai after the government censored a critical documentary on Modi by the broadcaster. Foreign correspondents say they have faced increasing visa uncertainties, restricted access to several areas of the country, including Indian-administered Jammu and Kashmir, and even threats of deportation in retaliation for critical reporting in recent years.
    • Ongoing impunity in cases of killed journalists. At least 62 journalists have been killed in India in connection with their work since 1992. India ranked 11th on CPJ’s 2022 impunity index, with unsolved cases of at least 20 journalists killed in retaliation for their work from September 1, 2012, to August 31, 2022.
    • Digital media restrictions, including using the IT Rules, 2021, to censor critical journalism, including the BBC documentary on Modi. India led the world in internet shutdowns for the fifth year in 2022, impeding press freedom and the ability of journalists to work freely.


    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

    This post was originally published on Radio Free.

  • New Delhi, March 9, 2022 – Authorities in Chhattisgarh state and the Indian-administered Jammu and Kashmir region must immediately release journalists Nilesh Sharma and Fahad Shah and drop all investigations launched based on their journalistic work, the Committee to Protect Journalists said Wednesday.

    On March 2, police in Chhattisgarh’s capital Raipur arrested Sharma, editor of privately owned satirical news website Indiawriters.co.in, at his home, according to multiple news reports.

    Separately, on Sunday, March 6, police in Jammu and Kashmir re-arrested Shah, editor of the privately owned news website The Kashmir Walla, hours after he was granted bail in another case, according to multiple news reports. This is the third time that Shah has been arrested since February 4, according to those reports and CPJ documentation.

    Both journalists remained in detention as of Wednesday morning, according to those sources, and have been accused of cognizable offenses, which allow police to arrest them without a warrant and begin an investigation without the permission of a court.

    “The rapidly growing number of journalist detentions reflects India’s utter intolerance for press freedom and peaceful criticism of the state,” said Carlos Martinez de la Serna, CPJ’s program director, in New York. “Authorities must immediately release Nilesh Sharma and Fahad Shah, drop their investigations into their journalistic work, and take steps to reverse the escalating criminalization of journalism.”

    On March 2, Raipur police filed a first information report, which opens a police investigation, against Sharma based on a complaint filed by Khilawan Nishad, a member of the Indian National Congress, the ruling party in Chhattisgarh, according to independent newspaper The Indian Express. Nishad alleged that characters in Sharma’s satirical columns resembled the party’s ministers and legislators, driving a “wedge between ministers,” according to a copy of his complaint, which CPJ reviewed.

    In the report, police accused Sharma of violating four sections of the Indian penal code pertaining to intentional insult to provoke breach of peace, publication of statements conducive to public mischief, publishing rumors, and publishing statements promoting enmity between classes, according to news reports and a copy of the first information report, which CPJ reviewed.

    Each of those offenses can carry a prison sentence between two and three years, and an unspecified fine, according to the law.

    On Monday, March 7, police claimed to have found “pornographic content” and “sensitive confidential documents” on Sharma’s phone and are now investigating him on additional counts of violating a section of the Information Technology Act pertaining to publication or transmission of material containing a sexually explicit act, and two sections of the Immoral Traffic (Prevention) Act pertaining to living on the earnings of prostitution and procuring or inducing prostitution, according news reports and a copy of a police statement, which CPJ reviewed.

    If charged and convicted under the Information Technology Act, Sharma could face up to five years in prison and a fine of 1 million rupees (US$13,000), according to the law. The offenses under the Immoral Traffic (Prevention) Act can carry a prison sentence between two to seven years and a fine between 2,000 rupees (US$26) and 100,000 (US$1,300), according to the law.

    CPJ emailed Chhattisgarh Police Director-General Ashok Juneja for comment but did not receive a reply. CPJ’s calls to Sharma’s family members went unanswered.

    In Shah’s case, the Shopian judicial magistrate granted him bail on March 6, but Srinagar police again re-arrested Shah in relation to The Kashmir Walla’s reporting on a gun fight between armed forces and alleged militants in May 2020, according to a report by his outlet and Shah’s colleague at The Kashmir Walla, who spoke to CPJ on the condition of anonymity due to fear of retaliation by authorities.

    Srinagar police registered an additional first information report against Shah on July 9, 2020, accusing him of violating five sections of the Indian penal code pertaining to rioting, attempted murder, printing or engraving matter known to be defamatory, statements conducing to public mischief, and abetment according to The Kashmir Walla.

    The first four offenses can carry a prison sentence between two and 10 years and an unspecified fine, according to the law, which says that abetment carries the same punishment as committing an offense itself.

    Jammu and Kashmir Police Director-General Dilbag Singh did not respond to CPJ’s request for comment sent via messaging app.

    Police initially arrested Shah on February 4 for allegedly publishing “anti-national content,” and began investigating him for sedition and making statements causing public mischief under the Indian penal code and the anti-terror Unlawful Activities (Prevention) Act, as CPJ documented at the time.

    On February 27, Shah was granted bail in that case, but Shopian police re-arrested him in relation to The Kashmir Walla’s reporting on alleged official pressure on a Kashmir school and began investigating him on provocation with intent to cause a riot and publishing statements conducive to public mischief, both crimes under the Indian penal code, as CPJ documented.

    In February, 57 publications, press freedom groups, and human rights organizations including CPJ wrote a letter to Jammu and Kashmir Lieutenant Governor Manoj Sinha demanding Shah’s release, along with Sajad Gul, Aasif Sultan and Manan Gulzar Dar.

    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

  • February 14, 2022

    Mr. Manoj Sinha
    Lieutenant Governor, Jammu and Kashmir
    rajbhawan@jk.gov.in
    adsecy.rb-jk@nic.in
    ps.rb-jk@nic.in

    Sent via email

    Dear Lt. Governor Manoj Sinha,

    We, the undersigned 58 press freedom organizations, human rights organizations, and publications write to request your urgent intervention to secure the immediate release of Fahad Shah, editor of the online news portal The Kashmir Walla, from jail, and the withdrawal of all police investigations launched into his journalistic work.

    On February 4, authorities arrested Shah at the Pulwama police station, where he had been summoned earlier that day for questioning. The first information report states that Shah is being investigated for alleged sedition and making statements causing public mischief, and unlawful activities under the anti-terror Unlawful Activities (Prevention) Act. Prior to his arrest, police had questioned Shah regarding The Kashmir Walla’s coverage of a gunfight between government forces and militants.

    Shah is well known to many in South Asia and around the world as a journalist of high integrity. His writing for The Nation magazine was recognized at the 2021 Human Rights Press Awards. His reporting on events in Jammu and Kashmir is a public service, not a crime, and should be protected under Indian law.

    We also urge you to arrange the immediate release of other detained Kashmiri journalists– Sajad Gul, Aasif Sultan, and Manan Gular Dar – all of whom, like Shah, have been jailed under anti-terror or preventative detention laws in apparent retaliation for their work.

    Since the abrogation of Jammu and Kashmir’s political autonomy in August 2019, press freedom and rights groups have documented numerous incidents of detentions and threats to journalists in the region. In view of this, the release of Fahad Shah and other arbitrarily detained journalists is a critical step to prevent further criminalization of the profession in Jammu and Kashmir.

    We urge you to ensure that authorities drop their retaliatory investigations into all four journalists, withdraw any unwarranted charges brought against them, and allow Kashmiri members of the press to work freely without facing detention, harassment, and other forms of government reprisal.

    Signed:

    Alliance for a Secular and Democratic South Asia

    Ambedkar King Study Circle

    Ambedkar International Center

    Aotearoa Alliance of Progressive Indians

    Banglar Manabadhikar Suraksha Mancha

    Boston South Asian Coalition (BSAC)

    Committee Against Assault on Journalists (CAAJ)

    Committee to Protect Journalists (CPJ)

    Council on Minority Rights in India (CMRI)

    C19 People’s Coalition

    Dart Center for Journalism and Trauma

    Digipub News India Foundation

    Forum Against Oppression of Women, Mumbai

    Foundation The London Story

    Free Press Unlimited

    Free Speech Collective

    Friends of India, Texas

    German Indian Alliance for Peace

    Global South Against Xenophobia

    Himal Southasian

    Hindus for Human Rights

    Human Rights Law Network

    Human Rights Watch

    The Humanism Project

    India Solidarity Germany

    Indian American Muslim Council

    Indian Federation of Working Journalists (IFWJ)

    Indian Journalists Union (IJU)

    Insider, Inc.

    International Federation for Human Rights (FIDH)

    International Federation of Journalists (IFJ)

    International Press Institute

    International Solidarity for Academic Freedom in India (InSAF India)

    Jammu and Kashmir Journalists Association (JAKJA)

    Jacobin

    Journalist Federation of Kashmir (JFK)

    Justice for All, Canada

    Justice for All, USA

    Kashmir Working Journalists Association

    The Nation

    Network of Women in Media, India (NWMI)

    Overseas Press Club of America

    PEN America

    People Against Apartheid and Fascism (PAAF)

    Press Club of India

    Programme Against Custodial Torture & Impunity (PACTI)

    Pulitzer Center

    Reporters Without Borders (RSF)

    Rural Indigenous Health, Boston

    Scottish Indians for Justice

    Semillas Collective

    Sikh Human Rights Group

    South Asian Americans Leading Together (SAALT)

    South Asian Journalists Association (SAJA)

    South Asia Media Defenders Network (SAMDEN)

    South Asia Peace Action Network (SAPAN)

    South Asia Solidarity Group

    Turbine Bagh


    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

    This post was originally published on Radio Free.

  • New Delhi, February 4, 2022 – Authorities in Indian-administered Jammu and Kashmir must immediately and unconditionally release journalist Fahad Shah, drop any investigation into his work, and cease detaining members of the press, the Committee to Protect Journalists said Friday.

    On Friday evening, authorities in Jammu and Kashmir arrested Shah, editor of the privately owned news portal The Kashmir Walla, at a police station in the southern Kashmiri city of Pulwama, where he had been summoned earlier that day for questioning, according to news reports and a person familiar with the case, who spoke to CPJ on the condition of anonymity, citing fear of reprisal by authorities.

    In a statement republished in those reports, police claimed that Shah had been identified among “some Facebook users and [news] portals” that had published “anti-national content,” but did not mention any specific content.

    A police first information report, the first step in opening an investigation, which CPJ reviewed, states that Shah is being investigated for alleged sedition and making statements causing public mischief, both crimes under the Indian penal code, and of unlawful activities under the anti-terror Unlawful Activities (Prevention) Act. If charged and convicted of those offenses, he could face up to seven years imprisonment under Indian law.

    “The arrest of Fahad Shah shows Jammu and Kashmir authorities’ utter disregard for press freedom and the fundamental right of journalists to report freely and safely,” said Steven Butler, CPJ’s Asia program coordinator, in Washington, D.C. “Authorities must immediately release Shah, and all other journalists behind bars, and cease detaining and harassing journalists for simply doing their jobs.”

    Before his detention, Shah told CPJ in a phone interview that police had questioned him on February 1 about The Kashmir Walla’s coverage of a gun fight between militants and government forces on January 30, which was published on the outlet’s website and its official Facebook page.

    Shah has also repeatedly advocated for the release of  Sajad Gul, a contributor to The Kashmir Walla, on his Twitter account, where he has about 55,000 followers. Gul was arrested on January 5, as CPJ documented at the time. He was granted bail on January 15, but police filed another dossier against him on the following day and he remains in detention, according to news reports

    CPJ repeatedly called Kashmir Police Director-General Dilbag Singh and Pulwama Police Senior Superintendent Ghulam Geelani, and contacted them via messaging app for comment, but did not receive any replies.

    [Editors’ note: This article has been updated in its fourth paragraph to include information from the police first information report.]


    This content originally appeared on Committee to Protect Journalists and was authored by Erik Crouch.

    This post was originally published on Radio Free.