New Delhi: On Monday, the Supreme Court ruled that the Jammu and Kashmir and Ladakh High Court’s decision, which allowed bail under the Unlawful Activities Prevention Act (UAPA) if the accused posed no “clear and present danger” to society, was incorrect.
In November 2023, the High Court had granted bail to Kashmiri journalist Fahad Shah, also stating that damaging India’s global reputation couldn’t be classified as a terrorist act under Section 15 of the UAPA.
However, Justices Bela Trivedi and Satish Chandra Sharma of the Supreme Court, while not overturning Shah’s bail—since he had already been free for over a year and the trial had not started—clarified that the High Court’s ruling should not be used as a precedent in future cases.
Shah, editor-in-chief of the now-blocked news site The Kashmir Walla, was arrested in February 2022 under the UAPA for allegedly glorifying terrorism in a “seditious” article. He had been jailed for 21 months before being granted bail in November 2023.
The High Court had noted that the case against Shah was revived by authorities after 11 years, leading to his bail. Charges under the UAPA related to abetting a terrorist act and those under the Indian Penal Code concerning waging war against the government and promoting enmity between groups were dismissed.
Shah, however, still faces trial under Section 13 of the UAPA (inciting unlawful activity) and Sections 35 and 39 of the Foreign Contribution Regulation Act (FCRA).
Previously, in February 2022, a National Investigation Agency court had granted Shah bail, but he was rearrested by Shopian Police shortly after in another case. He secured bail again on March 5, 2022, but was subsequently arrested in a third case.
