Fahad Shah, Kashmiri journalist released on bail after 21 months

After being detained in February of last year on suspicion of glorifying terrorism through a “seditious” post on the now-defunct news website The Kashmir Walla, Kashmiri journalist Fahad Shah was released from prison on Wednesday, 21 months after his arrest.

Shah, the website's chief editor, was first detained on February 4 of last year by the Pulwama Police and charged under the Unlawful Activities (Prevention) Act.

The article, titled “The shackles of slavery will break”, was written by academician Abdul Aala Fazili and published on The Kashmir Walla in 2011. The State Investigation Agency of Jammu and Kashmir claimed it was a case of “narrative terrorism” and the article “intended to create unrest, and aid and abet the gullible youth to take the path of violence”, Scroll.in reported.

On November 17, the Jammu and Kashmir High Court granted Shah bail, noting that the case against him had been dug by the authorities after 11-years.

“From then till date, no evidence has been brought on record that the offending article was responsible for provoking persons to take to militancy…Not a single witness says this,” a bench comprising Justices Atul Sreedharan and Mohan Lal said.

Shah was released from Kot Balwal jail in Jammu on Wednesday after his lawyers finished the necessary legal requirements, despite the fact that bail was granted on November 17, according to the Hindustan Times.

In its ruling from last week, the High Court stated that when an investigative agency opposes a person's bail, it must provide evidence of a "clear and present danger" to society in order to warrant the accused's arrest under the Unlawful Activities Prevention Act.

“In order to assess whether the accused is a clear and present danger, there can be no rule of thumb and it must be seen in the backdrop of the specific facts and circumstances of each case,” the order said.

The court dismissed Shah's charges under Indian Penal Code Sections 121 (waging war) and 153-B (promoting enmity between different groups) as well as UAPA Section 18 (abetting the commission of a terrorist act or any act preparatory to the commission of a terrorist act) in its bail judgement.

Shah will still be tried in accordance with Sections 35 and 39 of the Foreign Contribution Regulation Act as well as Section 13 of the Anti-Terror Law, which deals with inciting unlawful activity.

“There is sufficient material to take the prima facie view that the appellant had received remittances from overseas without intimating the authorities about it,” the judges said.

Notably, a National Investigation Agency judge granted Shah bail in February of last year after 22 days. But on February 26, only hours after being granted bail, Shah was taken into custody once more by the Shopian Police in connection with a different riot provocation case. He was granted bail on March 5, 2022, but was promptly taken into custody for a third offence.