Supreme Court upholds bail to Kashmiri journalist in UAPA case despite faulty bail order

The Supreme Court upheld the bail granted to Kashmiri journalist Peerzada Shah Fahad by the Jammu and Kashmir High Court, despite declaring the bail order as per incuriam (bad in law). Fahad, booked under the Unlawful Activities (Prevention) Act (UAPA), was granted bail in November 2023. The Supreme Court found the High Court’s interpretation of UAPA flawed but chose not to interfere with the bail since Fahad had been out on bail for a year and the trial had commenced. The court’s decision underscores the complexities of UAPA cases and the balance between legal precedents and individual rights.