Srinagar – In a significant development, the Jammu & Kashmir and Ladakh High Court ordered the release of Kashmiri journalist Fahad Shah on bail. The case revolved around the publication of a “seditious” article in his now-defunct digital magazine, The Kashmir Walla. The bail, subject to Shah furnishing a personal bond and a surety of Rs 50,000 each, was pronounced through virtual mode by Justice Atul Sreedharan and Justice Mohal Lal.
Advocate Jahanzaib Hamal, who assisted senior advocate PN Raina during the court hearing, reported that the Bench quashed charges under Sections 18 and 121 of the UAPA, as well as Section 53-B of the Indian Penal Code, Indian Express reported. Sections 18 and 121 pertain to terror conspiracy and waging war against the nation, while Section 53-B concerns accusations prejudicial to the integrity of the nation.
However, Shah still faces trial under Section 13 of the UAPA for allegedly abetting unlawful activities and Sections 35 and 39 of the Foreign Contribution (Regulation) Act, 2010. The former relates to illegally receiving foreign funds, and the latter addresses offenses by companies.
Earlier this year, Justice Wasim Sadiq Nargal had quashed Shah’s detention under the Public Safety Act, stating that procedural requirements were not followed, and the detaining authority did not provide “compelling reasons” for preventive detention.
The case against Shah stems from a 2011 article titled ‘The shackles of slavery will break.’ A chargesheet filed in October last year by the State Investigation Agency (SIA) alleged the article to be “highly provocative” and “seditious.”
This is not the first time Shah has faced legal action. In May 2020, he was booked for coverage of an encounter between militants and security forces. He was also charged in January 2021 for allegedly stating that security forces pressured a school to organize a Republic Day function, a charge the Army denied. Additionally, Shah faced an FIR in Pulwama police station related to incorrect reporting about the killing of three militants.
(Inputs from Indian Express)
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