bail

Indian authorities release the two men after years in prison although both remain under tight court-imposed restrictions.

Indian authorities have released prominent Kashmiri human rights activist Khurram Parvez and journalist Irfan Mehraj on bail after years in prison on “terrorism” financing charges although both remain under tight court-imposed restrictions.

The two men walked free from a New Delhi jail late on Wednesday, their relatives said, as India’s National Investigation Agency seeks to overturn their bail – the latest chapter in what rights groups call New Delhi’s sweeping crackdown on activists, journalists and dissidents in India-administered Kashmir since 2019 when it scrapped the region’s autonomy, granted under the Indian Constitution.

Parvez, programme coordinator for the Jammu Kashmir Coalition of Civil Society (JKCCS), was arrested in 2021 by the National Investigation Agency at his home in Srinagar.

Mehraj, a freelance journalist who worked with the same rights group as a researcher, was arrested in 2023.

Both face charges of “funding terrorism” and “propagation of secessionist agenda” under India’s stringent “antiterrorism” laws, which in effect allow authorities to hold people without trial indefinitely.

The National Investigation Agency accuses the two of using the JKCCS to fund militant-linked activities and promote a separatist agenda. Both men deny the allegations.

A lower court granted them bail last week, but the agency appealed. The Delhi High Court refused on Tuesday to suspend the release order although it imposed tougher restrictions on the men’s movements and activities while it hears the appeal.

Under their bail conditions, the two must arrange their own stay in the capital, where they are facing trial, and cannot travel to Kashmir, according to a court document seen by the news agency AFP. Proceedings in the case will continue in the coming weeks.

Human rights violations

The JKCCS has for decades documented alleged rights violations by Indian government forces in Kashmir, including torture and unlawful killings, and has drawn attention to thousands of unmarked graves in border areas suspected of holding victims of “enforced disappearances”.

International rights groups, including the Office of the United Nations High Commissioner for Human Rights, have consistently called for the men’s release, saying they were jailed for their work.

In 2023, the UN Working Group on Arbitrary Detention said Parvez’s arrest was an “act of reprisal for his human rights work, and an attempt to silence him and Kashmiri civil society as a whole”.

After their release, the Paris-based International Federation for Human Rights and the World Organisation Against Torture said the two were arrested on “trumped-up charges” and called on Indian authorities to drop the case, describing the proceedings as politically motivated.

Journalists in Indian-administered Kashmir say they have faced harassment and arrests since Prime Minister Narendra Modi’s government annulled the region’s partial autonomy.

From 2019 to 2023, more than 3,600 people were arrested there under “antiterrorism” laws, more than half of whom remain in prison, according to government figures.

Muslim-majority Kashmir has been divided between India and Pakistan since their independence from British rule in 1947. Both countries claim the territory in full.

Rebel groups have fought the Indian government since 1989, demanding independence or a merger with Pakistan. The conflict has killed tens of thousands of people, mostly civilians.

WASHINGTON, May 14 (UPI) The House on Thursday passed the Cashless Bail Reporting Act, which is intended to deter states and communities from releasing people charged with crimes before trial without paying bail. Ninety-six Democrats joined most Republicans to approve the measure, 308 to 116.

If the Senate were to write a companion bill and pass it, the act could have significant repercussions for the Black, Latino and low-income communities, according to researchers and activists. Advocacy groups also had raised concerns that the bill would lessen states’ rights.

“We have seen state and local governments making reforms to their bail systems in response to the growing body of research which has highlighted the inequities in bail systems, which disproportionately burden racial minorities, women and overwhelmingly the poor,” Rep. Mary Gay Scanlon, D-Pa., said in an earlier hearing on the bill

The bill expanded on a 2025 executive order from President Donald Trump, “Taking Steps to End Cashless Bail to Protect Americans,” which required the U.S. Attorney General to send a list of states and local jurisdictions that have eliminated cash bail for some crimes that “pose a clear threat to public safety and order.”

These crimes include violent, sexual and indecent acts, and burglary, looting and vandalism. To encourage elimination of cashless bail, the executive order also directed agencies to identify funding to these communities that could be “suspended or terminated.”

The bill would require annual lists of states and communities that allow cashless bail.

“It would be creating a bit of a hit list for different policymakers to attack and to try to pressure those states, counties, localities to change their policies and practices, to avoid … a lot of public safety funding that they get every year from the federal government getting completely gutted,” Nicole Zayas Manzano, deputy director of policy for the Bail Project, a non-profit group that advocates for bail reform and provides bail assistance, said about the lists.

In a Rules Committee meeting on Tuesday, Republicans said the act would lower crime rates.

“We know violent criminals released on cashless or artificially low bail have reoffended,” said Rep. Andy Biggs, R-Ariz.

Rep. Jamie Raskin, D-Md. voted for the bill, but said it would do little more than track bail practices in states and localities.

“It’s hard to see how issuing a report advances community safety or justice, given the strangely hostile rhetoric we are hearing from our colleagues about cashless bail,” Raskin said in the debate before the vote.

In a 2024 study, the Brennan Center for Justice found that there was “no statistically significant relationship” between cashless bail policies and increases in violent crime.

In the Rules Committee meeting, Rep. Michelle Fischbach, R-Minn., referenced the Bail Project, a non-profit organization that pays bail for low-income people who cannot afford it. She claimed that the group put violent offenders back on the street.

“In Indiana, from 2019 to 2021, 24% of the roughly 1,000 defendants cut loose by the Bail Project … had been charged with a crime of violence, so we’re putting violent offenders back on the road. And 35% were facing felony charges and had a previous charge of at least one crime of violence,” Fischbach said.

The group rejected the congresswoman’s description.

“The cutting loose reference mischaracterizes our work. We only step in after a judge has deemed somebody eligible for release, and it is only the affordability of cash bail that is preventing them from getting out, which is also unconstitutional,” Zayas Manzano said. “Then we really connect them with social services in their own communities.”

Moreover, studies found that cash bail disproportionately harms minorities, notably those in Black, Latino and low-income communities. In 2024, the Criminology & Public Policy Journal reported that Black defendants were 34% more likely to be recommended to be held behind bars until their cases were resolved when compared to white defendants.

Zayas Mazano said people jailed before trial were more likely to pre-emptively plead guilty, receive harsher punishments and end up with worse criminal records.

“Your life also just falls apart once you’re trapped inside, right? You could lose your housing if you can’t go and pay rent. You can lose your job if you’re not able to show up after a certain number of days. You could lose custody of your children. I mean, all kinds of things can really happen, but then just really snowball onto communities of color, in particular, and low-income people in general,” she said.

According to the Prison Policy Initiative, 69% of pretrial detainees were people of color, with Black (43%) and Hispanic (19.6%) defendants especially overrepresented compared to their share of the total U.S. population.

“Study after study shows that judges tend to assign people of color higher cash bail amounts and that they are less likely to be able to afford those cash bail amounts. And so they are very often forced into whether or not they must stay behind bars, which we certainly see huge racial disparities in jail, pretrial, and otherwise,” Zayas Manzano said.

During the Rules Committee meeting, Democrats mirrored concerns about the bill passing. Notably, Raskin discussed how the federal court system has functioned on a cashless bail system for about 60 years, instead of making bail decisions based on the danger of flight or violence to others.

“In America, whether you’re a president or a pope or a pauper, you’re innocent until proven guilty beyond a reasonable doubt as to every element of the charged offense,” Raskin said. “And no one should be detained pretrial simply because they don’t have the financial resources to post bail.”