Today, On 24th September, The Supreme Court directed the National Investigation Agency (NIA) to provide detailed information regarding the custody of Kashmiri separatist leader Shabir Ahmed Shah. The order comes as Shah faces charges in 24 pending terror funding cases.
The Supreme Court directed the National Investigation Agency (NIA) to provide details regarding the custody of Kashmiri separatist leader Shabir Ahmed Shah, who is implicated in a terror funding case.
A bench comprising Justices Vikram Nath, Sandeep Mehta, and N V Anjaria noted that Shah potentially faces charges in 24 different cases.
The NIA’s counsel informed the court that a notice had been issued on Shah’s plea on September 4, and the agency required additional time to submit its counter affidavit. The bench allowed four weeks for the NIA to file this affidavit, requesting specifics about Shah’s custody in other pending cases.
This hearing addressed Shah’s plea contesting a June 12 decision by the Delhi High Court that denied him bail in the terror funding matter.
The matter is scheduled for a hearing on October 31.
Earlier, On September 4, the Supreme Court declined to grant interim bail to Shah, having called for a response from the NIA within two weeks concerning his challenge to the high court’s ruling.
The high court previously denied bail to Shah, citing concerns that he could engage in similar unlawful activities and influence witnesses.
Shah was arrested by the NIA on June 4, 2019. The case against him stems from a 2017 investigation involving 12 individuals accused of conspiring to raise funds to incite unrest, including stone-pelting and damaging public property, with the aim of waging war against the central government.
Shah is alleged to have played a significant role in promoting a separatist movement in Jammu and Kashmir by encouraging public demonstrations for the secession of the region, honoring deceased terrorists as “martyrs,” and receiving funds through hawala transactions and Line of Control trade, which were purportedly used to support insurgent activities in Jammu and Kashmir.
The high court emphasized that while the Constitution guarantees the right to freedom of speech and expression, it also imposes reasonable restrictions, such as those related to public order and incitement to crime.
The high court stated,
“This right cannot be misused under the garb of carrying out rallies wherein a person uses inflammatory speeches or instigates the public to commit unlawful activities, detrimental to the interest and integrity of the country,”
It dismissed Shah’s appeal against a July 7, 2023, trial court ruling denying him bail and also rejected his request for house arrest, given the gravity of the charges.
The court reviewed a table detailing the 24 pending cases against Shah, highlighting his involvement in multiple similar criminal matters related to conspiring for the secession of Jammu and Kashmir from India.
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