India: Three years of pretrial detention on trumped-up charges for Kashmiri journalist Irfan Mehraj

The legal documents list multiple spurious charges, ranging from "sedition" to "financing terrorism" under the draconian Unlawful Activities (Prevention) Amendment Bill (UAPA) of 2019.

A neverending legal process

After being transferred to the country's capital, New Delhi after his arrest, the journalist spent six months in pretrial detention, the maximum period allowed under the UAPA. Two days before the end of this 180-day period, the NIA filed a last-minute indictment based on undisclosed evidence. In the spring of 2024, after spending several months obtaining copies of the "evidence" and heavily redacted witness statements, Irfan Mehraj's lawyer began arguing for his release on bail.

Since then, the case has been marked by repeated delays. Every time a decision seems imminent, the presiding judge is either transferred or goes into retirement. Four judges have succeeded one another, constantly forcing the journalist's lawyers to remake their case, while hearings are punctuated by repeated adjournments requested by the NIA. Proceedings are therefore stuck in a cycle of constantly restarting the case review, prolonging the journalist's detention indefinitely. On 18 March, yet another hearing on his bail application failed to result in a decision. The next hearing has been organised for 6 April.

Held at the Rohini prison complex in New Delhi, far from his family who can only visit him once every six months, the journalist continues to make his voice heard from his cell: "I remain hopeful. I am innocent and I believe that my innocence will prevail over the absurd and completely false charges brought against me in the very near future."

Press freedom has deteriorated significantlysince the Indian government unilaterally revoked Jammu and Kashmir's autonomous status in August 2019. The number of detained journalists has surged, as has intimidation and pressure by the authorities.