Brain Booster Articles
J&K: THE NEW NORMAL
Author: Mohammad Tauqir Ali, II year of B.A.,LL.B.(Hons.) from National University of Study and Research in Law, Ranchi
Co-author: Srijan Hritika, II year of B.A.,LL.B.(Hons.) from National University of Study and Research in Law, Ranchi
The Parliament made historical decision by abrogating Article 370 and 35A that once guaranteed the autonomy of Kashmir. Support of such a decision is widespread throughout India, while the matter remains in the hands of Supreme Court. The research paper analyses the intentions of applying the constitutional provisions in Kashmir remaining a concern for the people before or after the abrogation. The use of UAPA, PSA and AFSPA on the public is on the increase.[i] The judicial proceedings are avoided by indefinitely detaining suspects or killing them. The question stands, “Are human lives mere a matter of power game for the central government and the acclaimed world’s largest democracy doesn’t wants to give constitutional and human rights in Kashmir?”
International human rights law prohibits torture and other cruel, inhuman or degrading treatment or punishment.[ii] Torture is widely practiced in Kashmir as a means of extracting information from the detained people. Coercing confessions, punishing persons is believed to be normal and a form of political repression. Prohibits and safeguards against torture in the IPC and CrPC, which prohibits the use of coerced confessions and prescribe inquiries into the deaths in custody and prison terms for officers guilty of torture are routinely disregarded. The UN code of conduct for Law Enforcement Officials states in Article 5, “that no law enforcement may inflict, instigate or tolerate any act of torture or other cruel, inhumane or degrading treatment or punishment nor may law enforcement official invoke superior order in exceptional circumstances such as internal political instability or any public emergency as justification of torture” These remain on paper and government being a signatory flout the rules openly.
Security personnel have stormed hospitals and other medical institutions on several occasions, including paediatric and obstetric hospitals. During these searches, security forces have compelled physicians to identify trauma patients under coercion. The security forces accused these patients of militant participation because of their injuries. Injured individuals have been detained in hospitals after being withdrawn from intravenous drugs or other treatments, in some situations. Security forces have also fired firearms on hospital grounds and within hospitals, as well as entering operation rooms and destroying or damaging medical supplies, transporters, and equipment. Doctors and other medical personnel have been intimidated, assaulted, and detained on several occasions. Several have been killed in the line of duty, while others have been tortured.[iii]
In any responsible democracy, such reports would have initiated debate on how the human rights can be improved.[iv] But, this is Kashmir. Here, anything goes.
A large number of bail applications are pending before the district courts and the High Court of Jammu and Kashmir. The HCs have been given the ultimate power to issue writs which include habeas corpus. It allows the HCs to produce the accused within 24 hours in the court. This power is laid down by the Article 226.
Today, this provision is working all over in India except Jammu Kashmir. The reason stays in the factthat, from August 6th, 2019 since 370 was abrogated, there were 600+ habeas corpus filed, in the High Court in Srinagar. In June 2020, the bar association of Kashmir reported that 99% were still pending in the court and they had to write to the chief justice of India about it. The bar also reported that they had taken this grievance to the Chief Justice of the High Court but Gita Mittal took no concrete steps.[v]
G. Kishan Reddy, the Minister of State for Home Affairs, informed Parliament’s upper house, the Rajya Sabha, that 7,357 people were detained in Kashmir since 5 August, 2019(government data). The Indian constitution now applies to the union territory but the people are being deprived of constitutional safeguards (as in the case of habeas corpus). The people who are/were detained have no information available in the public domain, of the procedure followed while detaining them. The people’s detention records have also not been filed in the court (which is a basic procedure followed in rest of India) and the government does not spread details citing security reasons.[vi]
Under the pressure from the authorities, the courts routinely grant government officials extended time to respond to petitions. After that, judges generally refer the case to a large bench.
An Incidence: A judge, S.M. Rizvi, who managed after a lot of resistence from security forces, details about 14 detainees after their release found: no procedural safeguards.
They did not have access to judiciary for 12 months. Also after the year no formal charges were framed in some of the cases. Security forces registered another FIR on the same person to hold them for longer periods. Rizvi shortly after obtaining records received orders for transfer to another state. Bar Association threatened to strike and the orders were taken back.
Weather its normal person or former CMs; everyone gets equal benefits of the security acts. Former ministers Omar Abdullah and Mehbooba Mufti had been charged and a long 6 month detention was put on them. Fortunately, the courts only hear matters which are this prominent and high profile. They were relased but thousands languish behind bars.
The Case Flow Management Rules framed in 2010 by the J&K HC asks such habeas corpus to be disposed within 15 days and such petitions should be prioritized above fast track cases. In response to this, matters such as MVA, mining lease, paternity suit and challenging government tenders were give preference during the COVID lockdown and not matters related to detentions. When rules after rules are being broken to take away human rights, this is called a planned propaganda from every government.
THE PUBLIC SAFETY ACT
The PSA has its origins in the Public Security Act of 1946, which was enacted in colonial Kashmir to place members of the Quit Kashmir Movement under preventative custody. It was eventually superseded by the Preventive Detention Act of 1954, which was only intended to be used for a five-year period. In 1958, 1977 and finally in 1978 amendments were brought.
The act in itself is a problem. While the Jammu constitution has its say back then, today the UT is governed by Indian Constitution and still PSA is in force. Any person in Kashmir was detained for a maximum of 2 years without trial citing “security of the state” reason. An amendment in 2012 stated minimum 6 month as the criteria but the highest was still 2 years. The next amendment lowered the term to 3 months but the highest time is 12 months now. The power to detain anyone through it is given to the district magistrate or commissioner.
With the emergence of an armed insurgency in Indian controlled Kashmir in 1989, more problems arose for the forces. The insurgency had its own decline and regrowth, and the Indian state aggressively tried to suppress the conflict on several levels. The Indian state's reactions to the insurgency, which tried to keep the civilian people out from joining militancy, should be taken into account. Several military operations were carried out in order to eliminate the armed rebels and spread terror in the community so that they would not assist the militants.
PSA has always been in news and the reason cited by previous governments has been the timber smugglers who were disturbing the ecosystem of the state back then. Successive regimes of Sheikh Abdullah, Mufti or Omar Abdullah and Mahmooda Mufti have used it to deradicalize religious groups and bar opponents or opposition.
PSA demonstrates how administrations have utilised this statute as a political weapon to achieve their ulterior purposes, which differ from the philosophy of imprisonment, i.e. the rehabilitation of the convicts. Several organizations and people have criticized it at different levels. Amnesty calls it a lawless law[vii] while Late Ram JethMalani says it as “something we haven’t heard of even in Nazi Germany.”
Use of PSA
NSA wrks in whole India and not many debates occur about it. So, one can question how the Public Security Act of Kashmir is different from National Security Act or similar state legislations. It is because J&K prisons contained a whopping 11.5% people with such detentions in the year 2008. The percentage was 14 time higher than the national average. And the number has increased since. This makes itself a controversy as why such high people are thrown in Kashmir and why successive state governments and the central government have so much hatred towards its own population.
In 2019, the PSA was deployed in the aftermath of a 40-person attack on the Central Reserve Police Force (CRPF). In retaliation, 500 people were arrested, including representatives of the Jamat-i-Islami, Hurriyat Conference, and Jammu Kashmir Liberation Front (JKLF). The Unlawful Activities Prevention Act (UAPA) was also used to prohibit various socio-political organisations, including as Jamat-i-Islami and the JKLF. The use of the PSA wasn't really limited to Jamat-i-Islami activists, but it also extended to their families, as children of activists were charged under the statute.[viii]
Well, “What goes around comes around.” PSA after 2019 have been used on almost all leaders who brought it into force and have long supported it. FarooqAbdullah, once regarded as a strong supporter of central government and Kashmir’s devotion to India was among the firsts to be captured and detained.
Juveniles are even targeted in this law. IN 2016, a 14 year old child from Kulgam spent 20 days in the illegal custody. Then in Kathua jail, he was shifted. After the case went to court, he was discharged of charges and came out in 3 months. Hundreds such children languish behind bars because authorities feel they have a connection with the militants.
Even if they have a connection, the government should come up with New Juvenile Rehabilitation Centre and not jails. They might be wrong to take arms against the country but democratically and judiciously they have to be treated like a minor.
1. In an Indian Express investigation from 2019 between feb 14 to August 4, 150 habeas petitions were filed out of which court gave verdict in 39 and 80% were quashed as they were mala fide.[ix]
2. Ajaz HussainRizvivs State of J&K and Ors.
In 2019, Ajaz was arrested and no FIR registered against him. He was asked to be an informer for the police which he denied to follow. He was kept for prolonged period and the authority infringed his right under Article 22(5). He was not even made aware of what crime he has done.
The court released him and quashed preventive detention ordered against him.[x]
The Act was enacted decades ago as a result of rising violence in the North-eastern States, which state governments found difficult to regulate. On September 11, 1958, the Armed Forces (Special Powers) Bill was passed by both Houses of Parliament and signed by the President. In 1990 similar act was passed for Kashmir.
PSA enables the government to impose a kind of surveillance on the people in the territory. It violates standards of justice such as Universal Declaration of Human Rights and Convention of Torture. Basic judicial norms such as letting people know their crime, reason of arrest, accessing a judicial authority/lawyer and a fair trial is denied to the citizens. While the rest of Indians enjoy to large extent these provisions, the controlled territory largely denies.
The police in the UT have immunity from prosecution.[xi] It holds this from The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990. The Indian Constitution's Articles give state governments the authority to declare a state of emergency for one or more of the following reasons:
Failure of the administration and the local police to tackle local issues
Return of (central) security forces leads to return of miscreants/erosion of the "peace dividend"
The scale of unrest or instability in the state is too large for local forces to handle
The state government calls for central government help when they cannot manage such situation and this act is used. Army personnel are ordered to use the same command chain as in a war zone. AFSPA legalizes these acts of the army. It declares to-
Fire upon or use any kind of force even if causes death
Destroy arms dump
To enter and search any premise to make arrest
Stop and search a vehicle
Army officers having legal immunity[xii]
The widespread powers given to the army is often misused for all kinds of acts and questioning them brings a threat for people. Every power can be misused and the Indian army has been blamed by the locals in various cases.
Report of human killings from World Report by Human Rights Watch 2019
Impunity for human rights crimes and a lack of access to justice were mentioned in the study, which also observed that the Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA) and the Jammu and Kashmir Public Safety Act (PSA) obstruct accountability for human rights violations. The government eliminated AFSPA from the north-eastern state of Meghalaya and 8 out of 16 police stations in Arunachal Pradesh in March, which was a good gesture. In May, police opened fire on protesters outside a copper plant in Tamil Nadu, killing 13 people and wounding 100 more. Between March 2017 and August 2018, 63 persons were killed by state police in alleged extrajudicial killings after the BJP took power in Uttar Pradesh. No action was taken on any armed force and police as they are immune. They are immune of killing citizens of India.
Article 22’s violation
No person should be detained without informing and even after arrest they have the right to a lawyer or legal practitioner. Kashmir has an opposite policy. It detains people and without informing them. It uses force to get the information and hundreds of custodial deaths are reported from the territory. And lastly every opportunity is used to deny legal help to the detainees. Security provisions of NSA, PSA and UAPA are used as if citizens aren’t humans and are given animal treatment.
PAPA II, HariNiwas, Cargo and Kawoosa House have Kashmir’s horrific memories of the past decade. The famous places gave citizens alleged of conspiracy, a third degree torture. In the 90s of Kashmir’s history a lot of these centres were in practice by the government of India and remained unreported as of the fear of reprisal for the citizens of Kashmir.
PAPA II was the most notorious centre which later became a CMs residence. In the back days, cinema halls, schools, leftover properties of Kashmiri Pandits and heritage buildings were used for emergency accommodations and many of them are still used for this purpose.
Victims from such centres claimed of alcohol, urine and mobit had a constant appearance at such areas. Victims were stripped naked in front of everyone. And mental trauma was largely focused apart from the harsh physical pain given. Electric shocks and belts were used for further giving pain. Torture was a measure to punish Kashmiris of the large movement they created in the valley. It was a measure for discipline society. All these measures were largely denied by the government and army professionals until media outlets and international organizations including Amnesty brought it on the surface.
J&K Media Policy 2020[xiii]
According to the government of India, this policy seeks to create a sustainable narrative of the government in the media and promote the highest journalism standard in the UT.[xiv]
The bill talks about putting mechanisms to address fake news. According to it, J&K has several security reasons and this government is fighting proxy war from across the border. Government’s measures to ensure peace are prevented by such activities. Government would publish advertisements by checking into the newspapers, media channels and other sources if it follows particular rules of the government. A robust mechanism would be developed such that others won’t be given advertisements.
Department of Information and Public Relations in Kashmir would examine fake news, anti-national activities, unethical practices and plagiarism in al print, electronic and other forms of media.
Any media questioning sovereignty and integrity of India or violate norms or incite violence or spread hatred and disturb communal harmony shall be dealt with cyber laws and the Indian Penal Code. Also, security agencies would be coordinated by DIPR for curbing such information.
The mala fide nature of the bill
1. This bill fails to determine the exact kind of fake news. It has used the term anti-national. The media houses of India and the BJP have been using this term for every political dissent voice. Before the judiciary declares anyone a traitor thousands of people have been declared by them as anti-nationals. Similar tactics will be followed in Kashmir, when the government would attack its dissidents with calling them anti-nationals and using this bill against such media houses who would criticize the government, its policies, its forces and the illegal and human right violations of the forces.
2. Government would have the right for background checking each journalist if it reports any news. Government can take help of any authority in doing so. This is a grave position in which JOURNALISTS OF KASHMIR are present. The journalist would be detained for unlimited period and media houses sources of income can be blocked.
The use of relevant authorities includes police and army force. This endangers the lives of such journalists who have to face threat of armed forces. No good democracy makes journalists stand in front of police forces. Weather anything people write, if it wrong, judiciary is present in the country for looking into the matter. The bill is making fun of judiciary by giving power to decide matters of right and wrong with the corrupt government and accused human rights violations army and police.
3. Unethical writing is talked about in the bill. Again unethical is not defined. When words are used which can have wider definations, its meaning should be defined such that it cannot be used in the bad light.
Ejusdem generis rule is present which defines any vague provision has to be read in light of preceding provisions. When the case would go to judiciary, it would be read with other provisions but prima facie innocent journalists could be arrested and lodged behind bars for longer periods till they aren’t produced before a magistrate. Kashmir has a bad history of producing people to magistrate any time soon and likes to treat people with the help of forces.
4. The bill in itself is meant to silence the media, to engrave fear in the minds of journalists and affect monetarily media houses by not publishing government adds in their media channels and papers.
A leading contemporary example of such act could be from the year 2020 when Uttar Pradesh spent whooping 160 Crore in advertisement. The top Hindi channels who got the money were New18 India, Aaj Tak India TV, Zee News and Republic Bharat. Prominent news agency also found that News18’s Amish Devgan took a soft interview of the CM and all other channels aren’t critical of the government. While another leading news agency called NDTV and NDTV India did not found any advertisement. Often these channels are critical of the government policies and UP’s bad human rights conditions.
This example shows how Kashmir would be left with 1-2 local channels who would not care to bring the reality in front of the world and THE NAYA KASHMIR would be a failed policy like many others’ of the ruling party.
5. The bill has a monopolising flow of Information by the Indian State. It mentions that for giving information, the government would regularly hold conferences and conduct tours. It also would try to move away from print and use radio, audio-visual and online media for such publication.[xv]
In 2018, there were 1,094 registered newspapers and publications in Jammu & Kashmir. However, the internet blackout that began in August 2019 as a result of the termination of Jammu and Kashmir's special status has completely devastated the news industry. And such government policies would devastate the situation.
In Journalist VinodDua case, SC ruled that journalists could not be arrested just because they criticize the establishment. If there isn’t found a sign to in-build a hate between communities or incite violence then journalists could not be arrested.
Justices ruled taking Kedar Nath Case as reference that citizen has the right to criticism and however harsh it could be. This could not be a ground of lodging FIR. Citizens have the right to criticize the government and talk about the steps taken by the government and its functionaries till the time no violence is created. Every journalist entitled to protection in lines of KedarNath Singh
Similarly every journalist has the right to report in Kashmir and the government by maing such notification, inciting terror in the minds of such people.
Freedom of speech available in 19(1) is ava
Using Media Rules and UAPA several journalists have been detained in Kashmir on mere suspicion
1. On Oct 8, 2021 5 journalists were detained. Of them Suhail Dar’s brother reported to Committee to Protect Jouranlists that his brother was detained without giving any reasons to the family.[xvi]
2. Oct 12, 2021 Salamn Shah working for The Kashmiriyat was detained and no reasons given. He was previously detained from April 5, 2020 to May 8, 2020 for violating IPC and his statemnts according to the police consisted public mischief
3. MajidHyderi, on Oct 13, 2021 was detained. He criticized the police for protests brutal force in Muharmm’s protest and he was detained and questioned about the same.
According to the RSF, which placed India 142 out of 180 nations in terms of media freedom, following Modi's re-election in 2019, the country's press freedom has drastically declined.
"For journalists trying to do their jobs correctly, India is one of the world's most perilous countries." They are vulnerable to a variety of attacks, including police assault against journalists, ambushes by political activists, and retaliation by criminal organisations or corrupt local authorities, according to the RSF's newest report.
World’s Internet Shut Down Territory
1. When the Indian Parliament abrogated Article 370 of the Constitution on the evening of August 4, 2019, an internet shutdown was imposed. This was a state-imposed preventative shutdown that has yet to be fully removed. Landlines and mobile communications were both restricted at the start of the communication embargo. Although the landline restriction was restored, the valley's mobile internet service was still suspended. 2G services were restored in the valley for confirmed customers in January 2020. Only whitelisted websites were allowed to be viewed, and social media was not allowed. The administration of J&K issued a new directive in March 2020, stating that while the whitelist would be deleted, internet access would be limited to 2G on confirmed SIMs. Following then, 4G service was only accessible in two districts: Ganderbal and Udampur. The erstwhile state regained 4G on 6th February, 2021 after 552 days.
2. In 2016, one of the world's longest Internet blackouts occurred in Kashmir, which is located in the state of Jammu and Kashmir, as a result of unrest sparked by the assassination of BurhanWani in July 2016. Mobile Internet Services were turned down for a period of 133 days. Post-paid customers' mobile Internet services were restored in November 2016, while prepaid users' services were restored in January 2017. For over six months, the former state was without internet connectivity.
Jammu and Kashmir have seen 318 internets shut down out of which 310 are from the BJP era. The BJP as a centre which claims to be protecting rights of the people and determining good security are actually denying basic constitutional freedom.[xvii]
The SC back in 2020 January, declared access to the internet as a fundamental right. Also, government cannot deprive its citizens except under certain conditions. Kashmir has been made this exception of ‘certain conditions’ and the people saw the world’s longest shutdowns in their territory by a government which claims to work democratically and the country which claims to be the world’s largest democracy.
19 (1) (a) gives freedom of speech and expression and with technological advances the article is expanded to include the new primary source of information to millions of Indians. Also, this ruling was in sync with a UN mandate that every country should make Internet as a basic fundamental right.
In another Sakal Papers Judgement, The SC has also ruled that journalism cannot be curtailed and Internet today plays a major role in journalism. The former judgement was for State of J&K where it ruled to restore services in school, college and hospitals immediately and review other curbs within a week. The government took another year for restoring normalcy.[xviii]
The government views social media and other online platforms to be the principal drivers of militancy; hence the move to restrict access to the internet was primarily motivated by security concerns. Despite complaints from human rights organisations, civil society, political parties, and even retired security officers, the Indian government imposed internet restrictions—the longest-ever in any democratic country—in an effort to reduce bloodshed, militancy, and online extremism in the region.
The failed motive
High internet speed was curbed for more than a year but the mujahedeen and resistance front who operate in Kashmir didn’t really need the speed required to operate digitally.
Hundreds of WhatsApp group are present online and their supporters are continuously growing on WhatsApp and other social media platforms. Attracting a large fan base among the local Kashmiri youth who had spent most of the COVID lockdown in their home, they have got a larger access to such materials and have been inspired by the views of Hijbul Mujahedeen or Al-Qaeda or others.
Small size video and audio materials are being shared for easy share of ideology. Exchange of text content which glorifies violence by members of such group remains largely unaffected.
Another reason for the failure of the government and previous governments are the credible counter narrative and counter speech. The militant practices and ideology continues to hold large section of people. The Indian Media, politicians and people from the Indian state continue using words like Jihadi, Antinational and terror sympathisers for the Kashmiris. Kashmiris are held accountable for proving their ideology when even pity cricket matches are lost by India from Pakistan. Targeted lynching and abuse throughout Indian state is also a common practice for Kashmiris and the Muslims. Media outlet continues using the term militant for all the citizens instead a particular group and end up amplifying the situation even more.
The radicalisation of the youths against India is not done by the militants alone but the Indian state has equal and larger role to pay in it. State at all levels just named Kashmir as very important part of India but rarely try to understand the local situation. It is safe to say Indian state always fails Kashmiri population and expects their loyalty.[xix]
Widespread alienation is a common reaction to forms of collective punishment like internet shutdowns. August 5 decision was meant for fulfilment of Hindutva political ideological goal. Continued torture by security forces adds spices to all the pain. The government is focused on ruling on the larger majoritarian motives of the country rather than looking on the individual goals. The provision of asking for suggestions from a constituent assembly (or a legislative assembly of Kashmir in this case) has been misused by playing with the words of the constitution. These things look beautiful on the headlines but the ground report is always unsatisfactory like in this case.
A question still remains what’s happening in Kashmir is because India is not able to manage the militancy and targeting citizens in name of protecting democracy?
Article 19(1)(a) is denied to citizens at all levels
Article 21 is denied o people who are staying at different detention centres without the guilt being proved. The army and the police refrain from showing them to the magistrate. This is a blatant misuse of the law and the fundamental right of the person is hindered. But for keeping a check at the hindrance he can use writs. But cases aren’t going to the court due to families not able to meet the accused or accused not able to know what crime they do. Even after they know, many times writs aren’t taken by the court.
226 and 32 remain un-functional as army and police do not produce bodies to the court.
The Indian constitution has given several fundamental rights to the people. Kashmir since a long time has been denied of it. Article 14 talks about equality before the law. Where is the equality with the rest of India? Citizens of the territory haven’t really got the same treatment as others. Their autonomy was always questioned, to the point it was taken back. Even after taking back, and including it wholly in India, it isn’t a safe place for the citizens yet.
The clauses of the Armed Forces Special Powers Act (AFSPA) reveal the amount of unfettered power in the hands of the military. It is a flagrant breach of our Constitution's Articles 14, 21, and 22. It has declared the inhabitants of the North East and Kashmir to be "disturbed areas," leaving them at the mercy of uniformed soldiers.
The Universal Declaration of Human Rights (the "UDHR"), the International Covenant on Civil and Political Rights (the "ICCPR"), the Convention Against Torture, the UN Code of Conduct for Law Enforcement Officials, the UN Body of Principles for the Protection of All Persons Under Any Form of Detention, and the UN Principles on the Effective Prevention and Investigation of Extrajudicial and Summary Executions are all violated by AFSPA.[xx] India is using two lenses to look at Jammu Kashmir and rest of India. For the failed government on the Kashmir matter, the people have a lot suffered and suffering.
It’s just not about fundamental rights violation; it is also about federal feature of the constitution. Government isn’t using AFSPA and PSA in rest of India to the extent it is using in Kashmir. It is a violation and nobody cares about the people. Thousands have lost lives since our Independence. India isn’t a war torn country like Syria or Yemen where such violation cannot be stopped. Neither India is like Belarus monarchic regime or China’s autocratic regime. We are a democracy and such human right violations are undemocratic.
End-Note [i]NaveedIqbal, 2,300 booked under UAPA in J&K since 2019, nearly half still in jail (August 5, 2021 7:05:59 am) https://indianexpress.com/article/india/2300-booked-under-uapa-in-jk-since-2019-nearly-half-still-in-jail-7438806/ [ii]Robert Wirsing, India, Pakistan, and the Kashmir dispute (1994) (page 86-87) https://archive.org/details/humanrightscrisi00asia/page/86/mode/1up?view=theater , https://s3.amazonaws.com/PHR_Reports/pattern-of-impunity-kashmir-1993_opt.pdf [iii] HRW (feburary 1992) https://www.hrw.org/reports/INDIA932.PDF [iv]UN report condemns Kashmir’s Public Safety Act; AnandoBhakto (22 June, 2018) https://www.aljazeera.com/features/2018/6/22/un-report-condemns-kashmirs-public-safety-act [v]LiveLaw, 99% Of Habeas Pleas Filed Before Jammu and Kashmir HC Since Abrogation Of Article 370 Are Still Pending: J&K HC Bar Association Writes To CJI [Read Letter], (June 29, 2020, 11.00 AM) https://www.livelaw.in/top-stories/99-of-habeas-pleas-filed-before-jammu-and-kashmir-hc-since-abrogation-of-article-370-are-still-pending-jk-hc-bar-association-writes-to-cji-read-letter-159059 [vi]ShreyasNarla and ShrutiRajagopalan, The Judicial Abrogation of Rights & Liberties In Kashmir (September 25, 2020) https://www.article-14.com/post/the-judicial-abrogation-of-rights-liberties-in-kashmir [vii]AyjazWani and Dhaval Desai, The road to peace in Kashmir: Public perception of the contentious AFSPA and PSA (August 16, 2018) https://www.orfonline.org/research/43363-the-road-to-peace-in-kashmir-public-perception-of-the-contentious-afspa-and-psa/ [viii]Preventive Detention in Counter-insurgencies: The Case of Kashmir (dec 13, 2019) https://www.insightturkey.com/commentaries/preventive-detention-in-counter-insurgencies-the-case-of-kashmir [ix]Pulwama to Aug 5: Jammu and Kashmir HC indicted Govt for PSA arrests — in 80% caseshttps://indianexpress.com/article/india/pulwama-to-aug-5-jammu-and-kashmir-hc-indicted-govt-for-psa-arrests-in-80-cases-6001153/ [x]Ajaz HussainRizvi @ Ajaz Molvivs State Of J&K And Ors on 16 December, 2019https://indiankanoon.org/doc/126894716/ [xi]India: Repeal Immunity Law Fueling Kashmir Violence (September 17, 2020 10.00 am edt) https://www.hrw.org/news/2010/09/17/india-repeal-immunity-law-fueling-kashmir-violence [xii]Armed Forces (Special Powers) Act, Wikipedia https://en.wikipedia.org/wiki/Armed_Forces_(Special_Powers)_Act#:~:text=Powers%20Act%2C%201990-,The%20Armed%20Forces%20(Jammu%20and%20Kashmir)%20Special%20Powers%20Act%2C,this%20act%20can%20be%20imposed. [xiii] The Media Bill 2020 http://new.jkdirinf.in/images/MediaPolicy.pdf [xiv]https://www.drishtiias.com/pdf/1591177288-j-k-media-policy-2020.pdf [xv]GeetaSeshu, Kashmir Media Policy: Accentuating the Curbs on the Freedom of Presshttps://www.epw.in/engage/article/kashmir-media-policy-accentuating-curbs-freedom-press [xvi]Jammu and Kashmir authorities detain, question 5 journalists (Oct 15, 2021) https://cpj.org/2021/10/jammu-and-kashmir-authorities-detain-question-5-journalists-hold-salman-shah-suhail-dar/ [xvii] Internet Shutdowns https://internetshutdowns.in/ [xviii]Prabash K Dutta, “Internet access a fundamental right, Supreme Court makes it official: Article 19 explained” (Jan 10, 2020, 15:42)https://www.indiatoday.in/news-analysis/story/internet-access-fundamental-right-supreme-court-makes-official-article-19-explained-1635662-2020-01-10 [xix] Khalid Shah, (August 22, 2020) How the world’s longest internet shutdown has failed to counter extremismin Kashmirhttps://www.orfonline.org/expert-speak/how-the-worlds-longest-internet-shutdown-has-failed-to-counter-extremism-in-kashmir/ [xx]Mr Aayush Kumar and PrateetiGoyal (NLUJ) ; A report titled “AFSPA: A Mockery of Human RIghts”