Kashmiri journalist and editor of the now-defunct magazine, The Kashmir Walla, Fahad Shah will finally walk free after the Jammu and Kashmir High Court granted bail on Friday, November 17.
Shah was arrested under the draconian UAPA (Unlawful Activities Prevention Act) on February 4, 2022, for an article that was published in 2011. The piece – The shackles of slavery will break – was written by Aala Fazili, a University of Kashmir scholar who was also arrested.
Previously in April this year, the J&K High Court had quashed the Public Safety Act (PSA) against Shah terming the allegations of the J&K administration as “mere surmise” and “vague and bald assertions”.
Speaking to The Wire, Shah’s counsel and senior advocate P N Raina said that the high court quashed all charges under Sections 18 (terror conspiracy) and 121 (waging war against the country) of the Unlawful Activities (Prevention) Act and 153-B (imputations, assertions prejudicial to national-integration) of the Indian Penal Code.
“We are following the procedures set in the bail. It will take some time before Fahad Shah walks out of jail,” Raina said adding, “He will face trial under Section 13 (abetting unlawful activities) of the UAPA and Sections 35 (receiving foreign funds illegally) and 39 (offences by companies) under the Foreign Contribution (Regulation) Act, 2010.”
Three other cases
Shah was arrested by the J&K State Investigation Agency (in which he was granted bail on Friday) soon after the bail permit in the PSA Act case.
Shah had earlier been allowed bail in three other cases. The first case was slapped in May 2020 over the coverage of a gun battle between the Armed forces and militants in Srinagar. Locals had alleged that the security forces took away their belongings, a charge denied by the former.
On January 30, 2021, Shah was booked under Sections 153 (provocation with intent to cause riot) and 505 (statements conducive to public mischief) of the Indian Penal Code for an article published in his now-defunct Kashmir Walla. The article stated that the Armed Forces ‘forced’ a local school to celebrate Republic Day which, again the forces denied.
The third case is about Kashmir Walla’s published article which alleged the Armed Forces gunned down three militants, including a top commander. The news portal was accused of “glorifying militancy in The Valley” and causing “disaffection against the country” by alleged “incorrect reporting”.
In August this year, Kashmir Walla was pulled down by the Union Ministry of Electronics and Information Technology under the provisions of the Information and Technology Act, of 2000.
