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‘Secret Lists’: Journalists in Pakistan-Administered Kashmir Face Covert State Profiling
The alleged questionnaire provided to Special Branch officials for the secret profiling of journalists in Pakistan-administered Jammu and Kashmir has been circulating on social media for the past two days. The spokesperson of the police department has denied collecting any such record and has declared the questionnaire fake. Only a few journalists have personally made the questionnaire public and raised questions about it. However, overall, journalistic organizations and all press clubs have remained completely silent on this matter.
Various citizens—and even journalists—are aware that Special Branch personnel have been busy collecting this record for more than a month. During this period, among the citizens from whom information was sought regarding journalists, some of them shared the details, while others informed journalists that their personal information was being collected. It should also be noted that this questionnaire was also obtained by some journalists from police sources and then made public on social media. Thus, it is clear that even if denials continue, the data is nevertheless being collected.
What is the questionnaire?
Titled “Secret Report Regarding Journalists”, this alleged questionnaire given to Special Branch officials asks for personal details such as name, father’s name, caste, residence, temporary address, education, professional education or skills; previous family background, including details up to ancestors; current number of family members, marital status, children, etc.; where the children are studying—school, college, university, or academy—and the means by which they travel; living patterns; house, vehicles, property, etc.; means of livelihood apart from journalism; and details of professional affiliations.
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The most interesting information requested includes the character of the journalist, what their weaknesses are, what their general reputation is, whether or not they engage in blackmail, whether they are registered or unregistered as journalists, whom they have connections with, which government offices or intelligence agencies they have links with, whether they work for someone or conduct independent journalism. Along with this, details of religious, sectarian, and political affiliations are also requested.
Is this practice according to human rights standards?
In fact, this is an open violation of human rights. According to the Universal Declaration of Human Rights and international freedom-of-expression guidelines, collecting details about journalists’ families, spouses’ and children’s education, income, employment; their families’ political or religious inclinations; the list of journalists’ friends, relations, and contacts; details of their relationships with government institutions; unrelated sources of income; and all private-life details—including travel, property, marital relations, etc.—is considered illegal, unethical, and against press freedom. This practice falls under the category of surveillance.
According to internationally recognized human rights principles, this act is considered a violation of any citizen’s right to freedom of expression and the right to privacy. Such actions create fear among journalists, preventing them from reporting freely. Similarly, such measures are considered unnecessary and illegal interference in private life.
Constitutional and legal protections in Pakistan and Jammu & Kashmir
In Pakistan and in Pakistan-administered Jammu and Kashmir, the state—at least on paper—has granted all citizens these rights, which are openly being violated by the state itself. In the past, circulars regarding profiling based on political ideology have surfaced. This time, the profiling of journalists has emerged.
However, under the Constitution of Pakistan and the Interim Constitution enforced in Pakistan-administered Jammu and Kashmir, Act 1974, this practice is a violation of the right to privacy and a violation of freedom of the press. Various courts have also issued multiple decisions on this matter, stating that the state cannot interfere in the private life of any citizen without justification. No institution has the legal authority to collect information of this scale unless there is justification related to national security, terrorism, etc. But even in such situations, profiling an entire community, profession, or ideological group is not permissible.
The state or any institution can only obtain from any citizen the information necessary for its functioning or for the enforcement of the law. However, collecting any information from a citizen without their permission or without informing them is illegal, unconstitutional, and a serious violation of human rights. Collecting information through a secret form is an illegal act that should not be accepted under any circumstances.
Silence of journalistic organization
For the last three days, this secret profiling questionnaire has been circulating on social media. Some journalists were already aware of it. However, despite all this, the leaders of journalistic organizations and press clubs have not issued any reaction so far. This indicates that either the leadership of journalistic organizations is unaware of the sensitivity of this matter and of basic human rights, or they have abandoned their responsibilities to protect journalists’ rights, or they have silently decided to bow their heads before the state.
Is the police denial sufficient?
The manner in which the police spokesperson denied and expressed disassociation when the questionnaire surfaced indicates that law-enforcement agencies are also taking this matter extremely lightly. If the police and law-enforcement agencies are not collecting this data, then who prepared the secret questionnaire for collecting this data? How did it reach social media, and most importantly, for whom are Special Branch officials collecting information about journalists through this questionnaire? It is the responsibility of the police to find answers to all these questions.
If the police spokesperson and responsible officials understood the sensitivity of this matter and their responsibilities, they would have stated in the press release that the issue would be investigated and all details would be presented before journalists. They would have also clarified that this practice is illegal and that the police work according to the law and the constitution. However, this was not done.
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Therefore, those responsible for issuing the orders for profiling must immediately be exposed. Whoever formulated this unconstitutional and illegal policy at the official level must be identified, and it must also be explained why such a need arose. The collected record must be destroyed immediately. Any actions that affect citizens’ fundamental rights, intrude into their private lives, or involve surveillance must be halted immediately. The constitutional rights of freedom of the press and freedom of expression must be upheld.
In the end, the leaders of journalistic organizations should show some dignity and make an effort to do justice to their profession and the positions they hold positions they currently use mainly for making money, building connections, and above all, boasting about making and toppling governments.