Srinagar: Noting that authorities did not follow procedural requirements in letter and spirit, the Jammu and Kashmir High Court quashed journalist Fahad Shah’s detention under the Public Safety Act, Scroll.in reported.
But the journo has to continue in jail since the Unlawful Activities (Prevention) Act is also added to his head.
Shah, the editor–in–chief of the news portal The Kashmir Walla, was arrested last year in February. He was accused of glorifying terrorism, spreading fake news and inciting violence. Though he received bail on two out of three cases filed against him, he was ordered to be put under preventive detention under the Jammu and Kashmir Public Safety Act.
The act allows authorities to keep a person in custody for up to two years without trial. It is to prevent the person from acting against the security of the state and the maintenance of public order, the law states.
Justice Wasim Sadiq Nagral’s court set aside the preventive detention order in its order dated April 13. Nargal observed that Shah was kept in detention over “vague and bald assertions without any specific details”.
Further, the judge noted that the J&K administration did not deny Shah’s claim that he was not given a copy of documents on the basis of which the detention order was passed.
Also, since he has not been granted bail in the third case, there was no compelling reason to detain him under the Public Safety Act.
Court also noted that the detaining authority had not applied its mind while passing the order against Shah.