The Supreme Court has granted bail to Kashmiri separatist leader Shabir Ahmed Shah in a terror-funding case, citing significant delays in the trial and his prolonged incarceration. A bench comprising Justices Vikram Nath and Sandeep Mehta passed the order, with a detailed ruling and stringent bail conditions expected to follow.
The case, initiated in 2017, involved allegations of promoting and funding terrorist and secessionist activities in Jammu and Kashmir. The prosecution’s claims included the framing of a conspiracy to engage in secessionist activities through acts such as organizing violent protests, inciting violence, stone-pelting at security forces, arson, and waging war against India. Shah was also accused of delivering inflammatory speeches to further secessionist aims, with the National Investigation Agency (NIA) alleging he acted as a mouthpiece for Pakistan’s Inter-Services Intelligence (ISI) via a representative.
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The Supreme Court's decision appears to hinge on anomalies observed in the trial proceedings and Shah's nearly six-year detention. During the hearing, the bench reportedly questioned the National Investigation Agency (NIA) on its reliance on alleged inflammatory speeches dating back to the 1990s. This comes after the Delhi High Court had previously denied Shah bail, expressing concerns about his potential to engage in similar activities and influence witnesses.
Judicial Scrutiny and Bail Conditions
Justices Vikram Nath and Sandeep Mehta specifically sought clarification from the NIA regarding the timeline for procedural compliance in the case. The NIA, represented by senior advocate Siddharth Luthra, was asked to propose "stringent" bail conditions for Shah. Shah's legal team, including senior advocate Colin Gonsalves, argued for his release, highlighting that their client has been in custody for a total of 38 years across various cases and is reportedly in poor health.
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Wider Reactions
News of the bail has drawn reactions from political figures in Jammu and Kashmir. Aga Muntazir, a leader with the Peoples Democratic Party, commented that the development underscores the significance of justice and due process within a democratic framework. Others expressed hopes for Shah's recovery and reunion with his family.
Background of the Case
Shabir Ahmed Shah, a prominent figure in Kashmiri separatist politics, has been involved in numerous cases over decades. The current terror-funding case against him stems from allegations lodged in 2017. The Supreme Court had previously refused interim bail in September of the previous year, issuing notices to the NIA. The case, as presented by the prosecution, painted a picture of trade connections with individuals abroad who were allegedly linked to terrorist organizations like Hizb-ul-Mujahideen, facilitating the smuggling of weapons and contraband.
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