UAPA accused can be granted bail if Police fail to explain how he poses “clear danger” to society: J&K High Court

The Court passed the landmark ruling while granting bail to Kashmiri journalist Fahad Shah in a UAPA case registered against in relation to an article published on the news portal The Kashmir Walla in 2011.
 Jammu Bench of  Jammu & Kashmir and Ladakh High Court, UAPA
Jammu Bench of Jammu & Kashmir and Ladakh High Court, UAPA

The Jammu & Kashmir and Ladakh High Court recently held that in matters concerning bail of accused under the Unlawful Activities (Prevention) Act (UAPA), the investigating agency making the arrest under the Act would have to justify the arrest on the ground of “clear and present danger” which the accused person poses to the society [Peerzada Shah Fahad v. UT of J&K and Anr].

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