Today, On 12th March, The Supreme Court of India has granted bail to Shabir Ahmed Shah, leader of the Jammu Kashmir Democratic Freedom Party, in a terror-funding case. He faces UAPA charges for allegedly conspiring to separate Jammu and Kashmir from India and country.
The Supreme Court granted bail to Shabir Ahmed Shah, leader of the Jammu Kashmir Democratic Freedom Party (JKDFP), in a terror-funding case. Shah, who faces charges under the Unlawful Activities (Prevention) Act (UAPA) for allegedly conspiring to separate Jammu & Kashmir from India, had sought release on bail.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta heard the matter at length and allowed the application.
Senior Advocate Colin Gonsalves appeared for Shah, while Senior Advocate Siddharth Luthra represented the National Investigation Agency (NIA). Gonsalves filed rejoinder arguments today.
Gonsalves contended that the authorities have been evasive about the specifics of Shah’s lengthy periods of detention.
He pointed out that the NIA’s counter-affidavit failed to set out details of Shah’s extensive custody and said the defense had only limited access to detention orders, which hindered its ability to substantiate the claim of “40-year” custody.
He also emphasized the slow pace of the trial only 34 of 248 witnesses have been examined over several years and stressed that those delays cannot be attributed to Shah. He argued that, under UAPA-related case law, such prolonged delays are a strong ground for granting bail.
The Bench questioned whether Section 207 of the CrPC (supply of copies of statements and documents to the accused) had been fully complied with before moving to Section 227 (discharge/framing of charges).
Also Read: [Money Laundering Case] Delhi Court Grants Bail to Kashmiri Separatist Leader Shabir Shah
Justice Mehta specifically asked when the inspection of documents was supposed to be completed, suggesting that if the prosecution had not provided all necessary materials to the defense, the delay could not be blamed on the accused. In light of these considerations, the Court granted bail to Shah.
Earlier, In September 2025 the Supreme Court, while refusing interim bail to Shah, issued notice on the SLP he filed challenging the Delhi High Court’s order denying regular bail. In June 2025 the Delhi High Court had declined bail.
Shah’s present Criminal Appeal under Section 21 of the National Investigation Agency Act, 2008, challenges an Additional Session Judge’s order dismissing his bail application.
Case Title: Shabir Ahmed Shah v. National Investigation Agency [SLP(Crl) No. 13399/2025]
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