A judgment on November 17, 2023 by the Division Bench of the Jammu and Kashmir High Court cleared the last hurdle for the release of journalist Fahad Shah. Mr. Shah, who had been granted bail in three cases already and had also seen preventive detention orders against him quashed, was in custody because of allegations in Case FIR No.1/2022 P.S. JIC/SIA Jammu. Charges had been framed by the trial court in the case earlier this year, and he was standing trial for various offences under the Penal Code and Foreign Contribution (Regulation) Act (FCRA), 2010, as well as offences punishable under Sections 13 and 18 of the Unlawful Activities (Prevention) Act (UAPA) 1967.
The High Court, in its November 17 judgment, has not only granted Mr. Shah bail but also partially set aside the order framing charge, as it has found no grounds to charge him for any offences other than Section 13 of the UAPA, and under the FCRA. While doing so, the High Court made notable observations on the interpretation and application of UAPA, India’s primary anti-terror statute, in matters of personal liberty.
