Excelsior Correspondent
Srinagar, Nov 18: High Court granted bail to Fahad Shah, editor of the news portal The Kashmir Walla (now banned).
The court quashed certain charges he was facing including “abetting terrorism, waging war against the country and promoting enmity” under the Unlawful Activities Prevention Act (UAPA).
Fahad, who is editor of a local news magazine and portal, “The Kashmir Walla”, was arrested in FIR No. 19/2022 registered by Pulwama police under 13 Unlawful activities of which interim bail was granted by the special court.
Police had earlier said “Fahad Shah is wanted in 3 cases for glorifying terrorism, spreading fake news & inciting general public for creating L&O situations: FIR No. 70/2020 of PS Safakadal Srinagar, FIR No. 06/2021 of PS Imamsahib, Shopian and FIR No. 19/2022 of PS Pulwama.”
Fahad Shah has been in jail for 21 months under Public Safety Action (PSA), after being booked under sections of the UAPA over reporting and articles published by his portal since 2011.
His counsel said the Court also quashed charges levelled against Shah under Section 18 ( abetting the commission of, a terrorist act or any act preparatory to the commission of a terrorist act), Section 121 (waging war) and Section 153-B (promoting enmity between different groups) of the UAPA.
However, Shah will continue to face trial under Section 13 (incites unlawful activity) of the UAPA and 35, 39 of the Foreign Contribution (Regulation) Act (FCRA), which deals with receiving funds in violation of law.
The bail comes seven months after High Court quashed Shah’s detention under the Public Safety Act (PSA), saying “the apprehension of an adverse impact to public order is a mere surmise of the detaining authority”.
Shah was arrested in February 2022 over a report carried on his portal about an encounter in Pulwama. The police accused him of “uploading anti-national content, including photographs, videos and posts with criminal intention to create fear among public”.
Shah was later booked under provisions of the UAPA. He has managed to secure bail in three cases so far. However, the PSA allows preventive detention up to two years.
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