Release of Kashmiri journalist Majid Hyderi in India: RSF welcomes the court decision ruling that ‘criticism of the government does not constitute grounds for detention’
Targeted by the ruthless repression of journalists in Kashmir, journalist Majid Hyderi was released on 23 February after a year and a half in prison. The High Court of Jammu and Kashmir ruled that criticism of the government could not be considered a valid reason for preventive detention. Reporters Without Borders (RSF) welcomes this decision and calls on the Indian authorities to immediately repeal the Public Safety Act (PSA), which was used against Majid Hyderi and several other journalists critical of the government.
After 527 days in detention, Majid Hyderi has finally been reunited with his family. The High Court of Jammu and Kashmir finally ordered his immediate release on 19 February, ruling that, according to case law, negatively criticising government policies could not justify preventive detention, especially in the absence of concrete evidence demonstrating a disturbance of public order. Frequently invited to televised debates, Majid Hyderi, also known as ‘Jimmy’, was critical of corruption within the local bureaucracy.
According to Hamza Prince, Majid Hyderi's lawyer, “the Hon'ble High Court’s historic verdict is not just a victory for Mr Hyderi, but for the fundamental right to free speech. In its wisdom, the High Court has beautifully distinguished between constructive criticism – essential for societal progress – and actions that genuinely harm national interests. The High Court’s judgment confirmed that Mr Hyderi rightful exercise of free speech was never an act against the nation. This ruling is more than a legal milestone for us in India; it is a beacon for the global pursuit of free expression.”
Majid Hyderi, an independent journalist working for the local daily Greater Kashmir and the news portal DailyO.in, was first arrested on 15 September 2023 by the local police in Srinagar, in Jammu and Kashmir in the north-west of the country, following a complaint filed for ‘criminal conspiracy, intimidation, extortion, spreading false information and defamation’. Although the journalist was released on bail the following day, he was rearrested a few hours later under the controversial Public Safety Act (PSA) – which applies specifically to Jammu and Kashmir. He was then accused of threatening India's ‘sovereignty, security and integrity’.
The High Court ultimately ruled that the grounds given were ‘vague and ambiguous’ and violated the journalist's constitutional rights, violating Article 21 (right to life and personal liberty) and Article 14 (equality before the law). The court considered that these vague grounds were ‘arbitrary on the part of the detaining authority’.
“Majid Hyderi's unacceptable incarceration is part of a context of crackdown on press freedom in Jammu and Kashmir, which has been dramatic since the revocation of its autonomy by the Modi government in August 2019. Intended to be applied against any direct threat to state security, the controversial PSA public security act, which authorises up to two years of preventive detention, has been used repeatedly to lock up journalists in the same way as terrorists. RSF welcomes the decision of the High Court of Jammu and Kashmir, which sends a strong signal to the authorities against the abusive use of liberticidal laws, and reiterates its call to repeal the PSA law, an instrument of repression to silence the critical press.
