Special UAPA Court Frames Charges against Aala Fazili and Peerzada Fahad Shah
On March 16, 2022, Special Judge designated under NIA Act, Jammu, Ashwani Kumar framed charges against two accused namely Abdul Ala Fazili and Peerzada Fahad Shah in a State Investigation Agency (SIA) investigated case FIR No. 01/2022 of PS SIA Jammu.
The case pertains to an information received by PS CIJ (SIA Jammu) on 04.04.2022 along with a copy of an article titled ‘The Shackles of Slavery Will Break’ written by one Aala Fazili and published in the digital magazine (portal) ‘The Kashmir Walla’ through its Editor-in-Chief cum Director Peerzada Fahad Shah.
The duo accused under an active conspiracy and Paksitan’s support had resurrected a platform reviving the narrative in support of terrorist and separatist eco-system. 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 organisations. 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 in joining secessionist and terrorist organisations.
The SIA had charge-sheeted the case in the court of Special Judge under NIA Act, Jammu on 13th October 2022 after procuring the requisite government sanction, which came up for hearing on charge/discharge on 16th March 2023. The case was vehemently argued by the Addl PP representing the UT of J&K 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.
