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Detention of 50 activists by Jammu and Kashmir Police at Residency Road, near Pratap Park, on 16 February 2024

On 16 February 2024, trade union activists, farmers, Apple Farmers Federation of India and Kulgam District Development Council members planned to organise a peaceful protest at Lal Chowk in support of the demands of farmers protest. The protest was planned in response to the Samyukta Kisan Morcha calls for a ‘Bharat Bandh’. The Police arrested 50 protestors, including Mohammad Afzal, Chairman of Kulgam District Development Council, Zahoor Ahmad president, and Abdul Rasheed, General Secretary of Apple Farmers Federation of India. The arrest took place near Pratap Park on Residency Road as the protestors were assembling for the protest. The arrested protestors were taken to Kothibagh Police Station.

The Right to protest is an essential element of the right to participate in any democratic dispensation, and restrictions imposed on this right must be closely scrutinized with respect to their necessity and reasonableness (A/61/312, para. 56)It is also clear-cut violation of Art.19 of Indian constitution, which guarantees freedom of assembly and association. HRDA believe that the detention of the protestors by the police is an act of reprisal against their activism.

We, HRDA urgently appeal to you to exercise Section 12 (a) of the Protection of Human Rights (Amendment) Act, 2019, and take suo moto cognizance of this incident and initiate an independent inquiry through NHRC’s investigation wing and ensure justice for those who affected.

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