SC upholds bail for Kashmiri journalist Fahad Shah, but rejects High Court order on UAPA
Bail can be granted under the Unlawful Activities Prevention Act if the accused presents no ‘clear and present danger’ to society, the High Court had ruled.
Join our WhatsApp Community to receive travel deals, free stays, and special offers!
- Join Now -
Join our WhatsApp Community to receive travel deals, free stays, and special offers!
- Join Now -
The Supreme Court on Monday held as incorrect the judgement of the Jammu and Kashmir and Ladakh High Court that an accused can be granted bail under the Unlawful Activities Prevention Act if he does not present any “clear and present danger” to society.
The High Court judgement in November 2023, which granted bail to Kashmiri journalist Fahad Shah, had also held that lowering of India’s reputation globally cannot be considered a terrorist act within the ambit of Section 15 of the anti-terror Act.
The Supreme Court bench of Justices Bela Trivedi and Satish Chandra Sharma, however, did not overturn the bail granted to Shah, as he had already been out on bail for over a year and the trial had not yet started. The court said that the High Court order should not be cited as a precedent in other cases.
Shah, the editor-in-chief of the now-blocked news website The Kashmir Walla, was arrested in February 2022 under the Unlawful Activities Prevention Act for allegedly glorifying terrorism through a “seditious” article.
He had been in jail for 21 months when he was granted bail in November 2023.
The High Court granted Shah bail observing that the case against him was dug out by the authorities after 11 years.
In its bail order, the High Court had quashed charges against Shah under...
