The Supreme Court on Friday took note of the National Investigation Agency’s (NIA) affidavit opposing the bail plea of Kashmiri separatist leader Shabir Ahmed Shah, while granting time to his legal team to file a rebuttal.
The bench of Justices Vikram Nath and Sandeep Mehta listed the matter for further hearing on November 10, after senior advocate Colin Gonsalves argued that Shah is “very sick” and deserves bail.
NIA challenges Shah’s custody claim
NIA in its response contested Shah’s assertion of having spent 38 years in jail. The agency stated that based on information from J&K Police, Shah was arrested in only 10 of the 38 criminal cases against him, amounting to just 83 days of custody before his 2017 arrest by the ED.
Since July 2017, he has been lodged in Delhi’s Tihar Jail in connection with an alleged terror funding case.
Terming Shah’s claim misleading, the affidavit said, “The assertion of the petitioner that he has remained in custody for 38 years is false… clearly an attempt to mislead the court purposefully.”
“Serious charges” justify continued custody: NIA
Solicitor General Tushar Mehta, appearing for the agency, argued against bail, citing Shah’s speech allegedly distinguishing the “Indian state” and “Jammu & Kashmir” and suggesting that release could enable him to engage in “similar unlawful activities.”
The Delhi High Court had earlier denied bail, noting the possibility of influencing witnesses, and the Supreme Court had declined interim bail in September.
The NIA maintains that evidence indicates Shah’s role in instigating protests, promoting pro-Pakistan slogans, and stone-pelting on security forces in conspiracy with other accused.
The agency also asserts that funds were channelled from Pakistan through hawala routes to support separatist and militant activities.
Background to the case
Shah, formerly part of the Hurriyat Conference and later founder of the Jammu & Kashmir Democratic Freedom Party, was arrested under a 2017 NIA case alleging terror funding.
The case also names designated terrorists Hafiz Saeed and Syed Salahuddin.
According to the NIA, Shah maintained contact with Pakistan-based militants, paid tribute to slain fighters, and incited unrest in Kashmir, with incriminating videos recovered during searches.
The trial continues before a Delhi court.
