Today, On 12th June, The Delhi High Court denied bail to Kashmiri separatist leader Shabir Ahmad Shah, who has been in judicial custody since 2017 in a terror funding case filed by the National Investigation Agency under serious charges.
New Delhi: Delhi High Court denied bail to Kashmiri separatist leader Shabir Ahmad Shah, who is currently in judicial custody in connection with a terror funding case initiated by the NIA in 2017.
The court dismissed his appeal, following a previous rejection of his bail application by the trial court in 2023.
The division bench, consisting of Justices Navin Chawla and Shalinder Kaur, stated that the detailed order would be available later in the day.
Also Read: Delhi High Court Denies Bail to Naval Kishor Kapoor in Kashmir Terror Funding Case
Shah had appealed to the High Court against a special NIA court’s decision to deny him bail. His counsel noted that Shah faces 24 cases in total 18 of which have resulted in charge sheets, while three have been dismissed and three are still under investigation.
Senior advocate Collin Gonsalves represented Shah, who had sought bail in the ongoing case against various separatist leaders from Jammu and Kashmir.
The defense argued that this was a new bail application and highlighted that Shah has been in custody since 2017, with a charge sheet already filed against him.
They contended that the trial court judge mistakenly denied bail by citing Section 43D(5) of the UAPA, claiming a prima facie case had been established at the time of framing charges. The defense also pointed out the lack of substantial evidence against Shah, the lengthy duration of his custody, and the absence of any criminal acts attributed to him.
The appeal emphasized Shah’s reputation as a political leader, having founded the Jammu and Kashmir Democratic Freedom Party in 1998 with aims of fostering cooperation and goodwill among different communities.
It was noted that he was not mentioned in the main charge sheet or the first supplementary charge sheet, which detailed the allegations against other accused individuals.
The FIR, linked to an alleged conspiracy involving 12 accused persons, was filed on May 30, 2017, concerning attempts to raise funds for disruptive activities against the Indian government.
Shah was arrested on June 4, 2019, and later included in a second supplementary charge sheet, which alleged that he played a key role in promoting a separatist movement in Jammu and Kashmir.
The accusations against him included instigating protests for the secession of Jammu and Kashmir, paying tribute to families of slain terrorists, and engaging in hawala transactions to fund militant activities.
It was also alleged that incriminating materials were seized from his residence during a search conducted on February 26, 2019.
Investigations revealed connections between Shah and militant leaders based in Pakistan, as well as support from Pakistani agencies through various representatives.
Case Title: Shabir Ahmad Shah v NIA, (Crl A 600/2023)
Read Attachment
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
