UAPA: JKL High Court Denies Bail To PhD Scholar Arrested Over 11 Yrs Old Online Article

The Jammu and Kashmir and Ladakh High Court on Friday denied bail to a PhD scholar from Kashmir University, arrested earlier this year under the Unlawful Activities (Prevention) Act for writing a "highly provocative and seditious" online article 11 years ago.

Abdul Aala Fazli had moved the High Court under Section 21 of the National Investigation Agency Act after the Special Court rejected his bail plea. He sought bail for a period of one month to complete and submit his PhD thesis by January 2023.

A bench comprising Justices Rajnesh Oswal and Justice Puneet Gupta observed that the allegations leveled against Fazli do not persuade it to grant bail as of now. However, it directed the concerned jail authorities to provide suitable assistance to him for a period of one month in this regard.

Fazli's counsel submitted that failure to submit the thesis by 22nd of January, 2023 will lead to forfeiture of his right to submit his PhD thesis. The counsel urged that Fazli should not be deprived of his right to submit the thesis as it is his last chance to submit the same.

The respondents however opposed the bail plea on the ground that serious offences are involved and that there is nothing on the record to show that Fazli has already completed minimum of 4-6 months period for experimental data compilation, as prescribed in the course.

Case Title : Abdul Aala Fazili Vs UT of J&K

Coram : Justice Rajnesh Oswal and Justice Puneet Gupta.

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