The Supreme Court issued notice on terrorist Shabir Shah’s bail plea in the NIA terror funding case, stating, “We’ll not release today itself,” while expediting the hearing.
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NEW DELHI: The Supreme Court on Thursday issued notice on a petition filed by Terrorist Shabir Ahmed Shah, challenging a Delhi High Court order that had dismissed his bail plea in a terror funding case investigated by the National Investigation Agency (NIA). The matter was heard by a Bench comprising Justice Vikram Nath and Justice Sandeep Mehta.
Proceedings in the Supreme Court
When the matter came before the Supreme Court, Senior Advocate Colin Gonsalves sought urgent relief, citing Shah’s serious health condition and requesting interim bail. However, Justice Vikram Nath made it clear that no immediate release would be granted. The Bench did, however, agree to expedite the hearing, stating:
“We can hear it earlier, but we’ll not release today itself.”
The Court issued notice to the prosecution and fixed the matter for hearing in two weeks.
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Background of the Case
Shabir Shah was arrested by the NIA in June 2019 on allegations of being part of a larger conspiracy to fund separatist activities and destabilise the Kashmir region. According to the NIA, Shah, along with others, allegedly conspired to separate Jammu and Kashmir from India by:
- Securing funds through illegal hawala channels and cross-LoC trade.
- Delivering inflammatory speeches aimed at inciting violence.
- Funding stone pelters and separatist protests.
- Participating in Hurriyat meetings.
- Glorifying militants as martyrs.
The prosecution has maintained that these actions were part of a broader attempt to wage war against the Indian state under the guise of a freedom movement.
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Proceedings Before the High Court
In its June 12 order, the Delhi High Court had dismissed Shah’s bail plea, observing that there was prima facie evidence suggesting his involvement in the terror funding conspiracy. The Court noted that Shah was an active participant in meetings and activities aligned with the alleged conspiracy and that the charges framed against him justified continued detention.
Senior Advocate Colin Gonsalves, representing Shah, had argued that:
- Shah’s name appeared for the first time only in the second supplementary chargesheet, not in the original or first supplementary chargesheet.
- The case against him relied heavily on old and recycled video clips.
- The speeches attributed to him did not directly incite violence.
- There was no concrete evidence linking him to any overt act of violence.
The defense also contended that Shah’s speeches were protected under Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression.
On the other hand, Senior Advocate Sidharth Luthra, appearing for the NIA, argued that sufficient evidence existed to show Shah’s deep involvement in a well-organised conspiracy to destabilise India through separatist violence. He emphasised the gravity of the charges and the serious implications for national security.
The High Court, after weighing both sides, rejected Shah’s plea, clarifying that while free speech is a constitutional right, it cannot extend to speeches or activities that incite violence or threaten the sovereignty and integrity of the country.
Case Title:
Shabir Ahmed Shah V. National Investigation Agency
SLP(Crl) No. 13399/2025 II-D
