Gender: Male
Perpetrator: India
Religion or Belief: Muslim – Unspecified/Other
Reports of Torture: No
Reports of Medical Neglect: No
Date of Detainment: February/4/2022
Date of Release: November/23/2023
Current Status: Released
Religious Leader: No
Most Recent Type of Abuse: Detainment
Reason for Persecution: Online Activity Religious Identity Reporting on Religious Freedom Conditions or Documenting Religious Freedom Violations
Nature of Charges: Aid & Abetment Defamation Hate Speech Murder & Attempted Murder Public Disorder Terrorism Treason & Sedition
Fahad Shah was detained for reporting on religious freedom conditions.
On February 4, 2022, authorities arrested Shah, journalist and editor of the news website The Kashmir Walla, after he reported on a deadly police raid in Jammu and Kashmir, a Muslim-majority area. Reports indicate that police accused him of "uploading anti-national content" on Facebook. The Kashmir Zone Police Twitter account accused Shah of "glorifying terrorism, spreading fake news & inciting general public" in three separate first information reports (FIR), arresting him under FIR 19/2022 of Pulwama. Shah was reportedly charged with public mischief (Sec. 505 IPC), sedition (Sec. 124A IPC), and engaging in unlawful activities (Sec. 13 Unlawful Activities (Prevention) Act (UAPA)) in FIR 19/2020.
On February 26, 2022, Shah was granted bail but was arrested again hours later in relation to FIR 06/2021 of Imamsahib, Shopian. He is reportedly charged with "wantonly giving provocation with intent to cause riot" (Sec. 153 IPC) and public mischief (Sec. 505 IPC).
On March 6, 2022, Shah was granted bail but was arrested again hours later in relation to FIR 70/2020 of Safakadal Srinagar. He is reportedly charged with rioting (Sec. 147 IPC), attempted murder (Sec. 307 IPC), abetment (Sec. 109 IPC), "printing or engraving defamatory matter" (Sec. 501 IPC), and public mischief (Sec. 505 IPC).
On March 12, 2022, it was reported that authorities dropped the rioting, attempted murder, and abetment charges against Shah. However, authorities also pressed additional charges against Shah under UAPA and the Jammu and Kashmir Public Safety Act.
On November 23, 2023, Shah was released from jail on bail after the High Court of Jammu and Kashmir and Ladakh found that the authorities did not have sufficient evidence to charge him under UAPA. Shah continues to face additional charges under the Foreign Contribution (Regulation) Act.
Shah is well-known for his coverage of the anti-Citizen Amendment Act (CAA) protests and the 2020 Delhi riots.
Photo attributed to The Kashmir Walla/Umer Asif via Committee to Protect Journalists (CPJ)
"Kashmir: IPI welcomes release of journalist Fahad Shah" International Press Institute (IPI)
Betwa Sharma, Tweet, November 17, 2023
"Kashmir Journalists Face Forbidding Pattern: Arrest, Bail, Rearrest" New York Times (NYT)
"Journalist Fahad Shah booked under J&K Public Safety Act" Scroll.in
"J&K: Journalist Fahad Shah arrested for the third time hours after getting bail" Scroll.in
"Indian authorities arrest journalists Kishor Ram and Fahad Shah" Committee to Protect Journalists (CPJ)
"J&K: Journalist Fahad Shah arrested again hours after getting bail" Scroll.in
"Kashmiri editor Fahad Shah held on sedition charge" Reporters Without Borders (RSF)
"Editor in Kashmir Is Arrested Amid Intensifying Clampdown" New York Times (NYT)
"Kashmiri journalist Fahad Shah arrested for ‘glorifying terror’ in social media posts" The Print
Kashmir Zone Police, Tweet, February 5, 2022
"Kashmir journalist Fahad Shah arrested over ‘anti-national content’" Committee to Protect Journalists (CPJ)