Supreme Court upholds bail for Kashmiri journalist Fahad Shah, critiques High Court’s UAPA ruling

While choosing not to revoke Fahad Shah’s bail, the Supreme Court on Tuesday declared the Jammu and Kashmir and Ladakh High Court’s ruling on bail under the Unlawful Activities (Prevention) Act (UAPA) as legally flawed.

The High Court had previously granted bail to journalist Peerzada Shah Fahad, asserting that a defendant could be granted bail if they posed no “clear and present danger” to society.It also ruled that diminishing India’s global reputation does not constitute a terrorist act under Section 15 of the UAPA.

The Supreme Court’s bench, led by Justices Bela Trivedi and Satish Chandra Sharma, labeled the High Court’s decision as per incuriam, meaning it should not be used as legal precedent, but chose not to revoke Fahad Shah’s bail, reported Live Law.

The High Court had cited the 1919 U.S. Supreme Court case Schenck v. United States to emphasize the necessity of proving a “clear and present danger” for UAPA arrests.

The US Supreme Court while addressing the limits of freedom of speech recognized that while the prohibition against abridging free speech is significant, it is not absolute and may be subject to circumstances.

The Court stated that for a speech to not be protected, the central issue is whether the words create a “clear and present danger” of causing substantive evils that Congress has the authority to prevent.

You Might Also Like:

Renowned Scholar Maulana Nadeem Al-Wajidi Passes Away in Chicago America

Urgent need to transition from Agriculture to Agribusiness for growth of Agri- Economy- Baldev Parkash

Ahead of Oath-Taking Chamber of Commerce and Industries of Kashmir congratulates Dr. Farooq Abdullah and Omar Abdullah

After Engineer Rashid Gets Bail extension Sajad Lone Calls For Equal Treatment in Bail cases

Warwan Fire Incident, Relief Sent to Fire-Affected Families: Rajesh Kumar Shavan DC Kishtwar

Member Parliament Er Rashid’s bail extended till October 28 by the Patiala House Court, New Delhi

After 6 Years Presidential Rule Omar Abdullah to Take Oath as Chief Minister of Jammu & Kashmir Tomorrow

Similar Posts