Fahad Shah’s bailing out; Supreme Court holds High Court order as ‘wrongly decided matter’, not to be used as precedent in other cases
ANN News Desk
Srinagar, Oct 19: The Supreme Court (SC) has held the granting of bail to journalist Fahad Shah as ‘wrongly decided matter’ and said that this judgment of J&K and Ladakh High Court cannot be used as precedent in other cases.
On 18 November 2023, J&K and Ladakh High Court granted bail to 35-year-old Fahad Shah, editor of the news portal The Kashmir Walla. The court quashed certain charges he was facing including: “abetting terrorism, waging war against the country and promoting enmity” under the Unlawful Activities Prevention Act (UAPA).
The government, represented by Solicitor General Tushar Mehta, challenged the High Court’s ruling before the Supreme Court, arguing that there was sufficient evidence to proceed with the more severe charges. The appeal called for the reinstatement of the UAPA and IPC charges, claiming the High Court had erred in its judgment.
“Though, we find some substance in the submissions made by Solicitor General, we are not inclined to interfere with the impugned order, having regard to the fact that the respondent (Fahad Shah) is on bail since last about one year and since the trial has already commenced,” the Supreme Court said.
“It is directed that the impugned judgment and order being per incuriam shall not be cited as precedent in any other case,” the SC Court added.
In legal terminology, the term “per incuriam,” means ‘through lack of care,’ refers to judgments passed without considering relevant legal authorities or statutes. Such decisions are considered wrongly decided due to the judges needing to be more informed about the applicable law and, as a result, cannot be used as precedents.
The Supreme Court said that breach of conditions of bail or non-cooperation of Shah in proceeding with the trial shall entail cancellation of his bail.
In February of 2022, Shah was arrested by the police in relation to an alleged “incorrect reporting” on his portal regarding an encounter in Pulwama wherein three militants, including a top commander, had been gunned down. Shah was arrested for publishing an article written by Kashmir University scholar Abdul Ala Fazili titled “The Shackles of Slavery Will Break” in November 2011.
The police had accused him of “glorifying terrorist activities” on social media and causing “disaffection against the country”. He was further accused of disseminating anti-national content to an unspecified number of “social media users” and creating fear among the public.
