On Thursday, the Supreme Court approved bail for Kashmiri separatist leader Shabir Shah in a 2017 case related to terror funding, highlighting his extended imprisonment and the slow pace of prosecution.Bail has been approved, with a comprehensive order outlining the reasons to be issued subsequently," stated a panel of justices Vikram Nath and Sandeep Mehta. The panel instructed the National Investigation Agency (NIA) to propose strict conditions for Shah during the bail duration.
Shah's legal representatives, senior advocate Colin Gonsalves and advocate Satya Mitra, claimed that their client has been detained in various cases for a total of 38 years. However, the NIA refuted this, stating that he has been in custody for just over eight years across approximately 40 criminal cases.
The bench informed the NIA, "You cannot justify the delay. Regardless of who caused it, he remains in custody." It observed that the alleged terror funding case was initiated in 2017. Gonsalves informed the court that Shah has not caused any postponement in the trial. He further mentioned that Shah is seriously ill and needs to be granted bail.
The NIA described the allegations against Shah as serious, citing his speech that differentiated between the Indian state and Jammu and Kashmir. It informed the court that this matter is of significant concern. The NIA contended that the Delhi High Court was correct in denying Shah bail on June 12 of the previous year, noting the possibility of him participating in similar illegal activities and affecting witnesses. In September, the Supreme Court also declined to provide him with interim bail.
The NIA reported that Shah was purportedly in communication with terrorists based in Pakistan and Pakistan-occupied Kashmir, such as Syed Salahuddin and Hafiz Mohammad Saeed. According to the NIA, he would honor the deceased militants and visit their families. Shah is accused of providing information about the deceased militants to organizations in Pakistan and regularly receiving financial support from them.
The NIA reported that Shah's Jammu and Kashmir Democratic Freedom Party promoted rebellion and disorder, encouraging people to protest, organize strikes, and assault security forces. It referenced witnesses and stated that Shah was actively involved in fostering the separatist and militant movement.
