After more than 600 days in jail, prominent Kashmiri journalist Fahad Shah was released after a court granted him bail, stating that there was insufficient evidence to charge him with terrorism.
Shah, 34, was released from Kot Bhalwal Jail in Jammu, the region’s southernmost city, an official reported.
Shah is the owner and editor of the independent news portal Kashmir Walla, which was banned earlier this year by the Indian government for unspecified reasons.
In its bail order last week, the High Court of Jammu and Kashmir and Ladakh stated that the Special Investigation Agency (SIA), a local agency formed earlier this year, lacked evidence against Shah to prove charges under the Unlawful Activities Prevention Act (UAPA), a stringent terror law.
The UAPA has been criticised by several rights groups as draconian and mainly used by India’s Hindu nationalist government to target political opponents, activists and dissidents.
Shah was accused of “glorifying terrorism” and “spreading fake news” for publishing a piece by Abdul Aala Fazili, a pharmacy student at the University of Kashmir, which reportedly talked about the Indian “occupation” and freedom for the region. Fazili, who was also arrested along with Shah, remains in jail.
While the alleged opinion piece called for the secession of Indian-administered Kashmir, the court stated that its publication “does not incite violence or an armed insurgency against the state.” Certain charges against him were dismissed, including “abetting terrorism, waging war against the country, and promoting enmity” under the UAPA.
While the court recognized that obtaining bail under the UAPA was difficult, it could not deny it to Shah because he would not pose a “clear and present danger” to society if released.
Shah will face additional charges under the UAPA and the Foreign Contribution (Regulation) Act, which deal with receiving illegal funds.
