Kashmiri

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.

The Delhi High Court grants bail to Kashmiri rights activist Khurram Parvez, jailed in India for nearly five years.

New Delhi, India — A prominent Kashmiri human rights activist who has been imprisoned for nearly five years has won a partial legal victory after being granted bail in a “terror funding” case, but remains in jail over a second case.

The Delhi High Court granted Khurram Parvez, 49, bail in a November 2021 case on Wednesday, according to legal website LiveLaw. However, he will remain in jail in a separate case from March 2023.

Parvez was first arrested about five years ago by India’s main counterterrorism law enforcement bureau, the National Investigation Agency (NIA), over accusations of “terror funding”, recruitment of rebels in Indian-administered Kashmir and mobilising protesters during a civilian uprising. The second case is also related to alleged “terror funding”.

International rights groups have widely condemned Parvez’s arrest and continued imprisonment.

His lawyer, Swati Khanna, said she hoped Parvez could be freed from jail soon if there was a “positive result” in the second case.

“We are hoping, in a month or two, he could be out,” she told reporters.

The trial has not begun in either of the cases – an issue highlighted by international rights organisations, which say the process becomes the punishment for political prisoners in India who have to wait years behind bars before even facing trial.

The conviction rate in the counterterror law, the Unlawful Activities Prevention Act (UAPA), remains low at 5 percent nationally. It dips further, to less than 1 percent, when it comes to Indian-administered Kashmir.

Prime Minister Narendra Modi’s Hindu nationalist government has been criticised for persecuting dissent and criminalising expression in Kashmir, the country’s only Muslim-majority region.

“Khurram’s arrest proved to be the last nail in the coffin of any meaningful rights activism in Kashmir, one of the world’s most militarised zones,” said a political analyst based in Srinagar, Kashmir, who requested anonymity fearing repercussions from the authorities.

“This bail comes in a completely shallow, and nearly fictitious, trumped-up case after years in jail, and Khurram would still not walk free.”

Kashmir remains disputed between India, Pakistan, and China, which control parts of the region. Pakistan controls the northern and western portions – Azad Kashmir; and Gilgit and Baltistan. India controls the southern and southeastern parts – the Kashmir valley, including its biggest city, Srinagar; Jammu; and Ladakh. China controls the Aksai Chin area in the northeast.

The two neighbours have fought three major wars over Kashmir since the end of British colonial rule and their partition in 1947 led to the creation of Muslim-majority Pakistan and Hindu-majority India. Both countries continue to assert claims to the entire region of Kashmir.