Court frames charges against Fahad Shah, Fazili under UAPA

Srinagar, Mar 17: A special NIA court has framed charges against two journalists for allegedly inciting a terrorist act and waging war against the state.

Special Judge Ashwani Kumar framed charges against Abdul Ala Fazili and Peerzada Fahad Shah in a State Investigation Agency (SIA.

The case pertains to information received by PS CIJ (SIA Jammu) on March 4.2022 along with a copy of an article titled ‘The Shackles of Slavery Will Break’ written by Aala Fazili and published in the digital portal ‘The Kashmir Walla’ through its Editor-in-Chief cum Director Peerzada Fahad Shah.

Investigating agency said the duo accused of an active conspiracy and Pakistan’s support had resurrected a platform reviving the narrative in support of terrorist and separatist eco-system.

The agency said the duo had been spreading the anti-India narrative by exploiting the digital platforms under a concealed and camouflaged set-up, with the help of illicit funding received from hostile foreign agencies and proscribed terrorist organizations.

The agency said the investigation has established that the duo accused were in touch with secessionists across the border and also with some identified terrorists locally. Through their publications, the duo have brazenly advocated terrorism and glorified the terrorists with the sole intention to radicalize the youth of the J&K and to entice and incite them into joining secessionist and terrorist organizations.

The SIA presented the charge sheet against the duo on October 13, 2022, after procuring the requisite government sanction, which came up for a hearing on charge/discharge on March 16, 2023.

The case was vehemently argued by the Additional Public Prosecutor in the court. After hearing the rival contentions, the Special Court found sufficient material against the duo accused collected by the SIA and framed the charges against Aala Fazili u/s 13(unlawful activity), 18 (conspiracy, advocating, abetting, inciting, facilitating a terrorist act or any preparation to commit a terrorist act), UA (P) Act, 121(abetting waging of war against government of India) 153B (imputations, assertions prejudicial to national integration), 201 (causing disappearance of evidence of offence) IPC and against Peerzada Fahad Shah u/s 13 (unlawful activity), 18 UA(P ) Act (conspiracy, advocating, abetting, inciting, facilitating a terrorist act or any preparation to commit a terrorist act) , 121 (abetting waging of war against government of India), 153-B (imputations, assertions prejudicial to national integration) IPC and 35 (accepting foreign contribution in contravention of provisions of FCRA, or any order or rule therein) , 39 (violation of FCRA by a company tantamount to contravention by the persons incharge or responsible for business of such company) Foreign Contribution (Regulation) Act 2010.