Jammu and Kashmir High Court grants bail to Kashmiri journalist Fahad Shah after 21 months in detention

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The Jammu and Kashmir and Ladakh High Court has granted bail to Kashmiri journalist Fahad Shah quashing several charges, including those related to terror conspiracy, after 21 months in jail. Shah owns a news portal, The Kashmir Walla.

Senior advocate P N Raina, who represented Shah before the high court, confirmed the development, stating that Shah will be released following the established bail procedures, news wire PTI reported.

Charges such as terror conspiracy (Section 18) and waging war against the country (Section 121) under the Unlawful Activities (Prevention) Act, along with imputations prejudicial to national integration (Section 153-B) of the Indian Penal Code, were quashed against Shah. The case was heard on Friday by a Jammu wing of bench comprising justices Sreedharan and M L Manhas, Raina said.

He said Shah will, however, face trial under Section 13 (abetting unlawful activities) of the UA(P)A. He will also undergo trial for allegedly receiving foreign funds illegally.

In April, the high court had quashed Shah's detention under controversial Public Safety Act (PSA).

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According to Amnesty International, the PSA is a "lawless law", which has been used as a "revolving door" policy for suspects against whom the government in Jammu and Kashmir has little or no evidence to bring formal charges against them in the court of law.

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".

He 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. Mr. Shah's arrest was widely condemned by journalists' bodies in and outside the country.

On August 19 this year, the Union Ministry of Electronics and Information Technology pulled down The Kashmir Walla website under the provisions of the Information and Technology Act, 2000, a controversial law which has been criticised by the free speech activists.

Press freedom in India has suffered relentless blows in recent years under the Narendra Modi government. According to the World Press Freedom Index's latest report, India slipped to 161 out of 180 countries this year, losing 11 more spots as compared to the 2022 ranking. (With inputs from agencies)