Srinagar: In a groundbreaking ruling, the Jammu and Kashmir High Court has overturned the detention of two Kashmiri journalists, Fahad Shah and Sajad Gul. The court labelled their imprisonment as arbitrary and criticized the use of preventive laws.
Fahad Shah, editor of the now-defunct digital magazine 'The Kashmir Walla,' had faced charges of 'terrorism' for publishing an article in 2011. The court quashed charges under Sections 18 and 121 of the Unlawful Activities (Prevention) Act and 153-B of the Indian Penal Code granting bail.
However, Shah will still face trial under Section 13 of the UAPA and Sections 35 and 39 of the Foreign Contribution (Regulation) Act, The wire reported.
Sajad Gul, a 27-year-old trainee reporter with 'The Kashmir Walla,' had been labelled a 'negative critic' by the administration.
He faced various charges, including those related to his reporting on an anti-encroachment drive and the killing of a local militant. The court ruled the lack of specific instances in the PSA dossier and FIRs, stressing that factual reporting by media cannot be held against journalists.
The judges condemned the detention order as unsustainable and an abuse of preventive law. They noted that detaining authorities failed to provide essential documents for an effective defence.
The court criticized the "tendency" of imprisonment over factual reporting and ruled it an abuse of preventive law, especially in the case of professional media persons.