The Supreme Court on Tuesday questioned the National Investigation Agency (NIA) over the prolonged incarceration of Kashmiri separatist leader Shabir Ahmed Shah, detained since 2019 in a terror funding case, and directed the agency to present concrete material justifying his continued custody.
A bench of Justices Vikram Nath and Sandeep Mehta, hearing Shah’s bail plea, asked the NIA to produce evidence such as transcripts of his speeches and other case-related material. The court remarked that while it held no sympathy for those who engaged in subversive activities, the agency must back its claims with facts.
“What are the facts that justify his detention beyond the period of six years? We can’t just shut our eyes to the facts available,” Justice Mehta told senior advocate Siddharth Luthra, appearing for the NIA.
Luthra sought more time, indicating that some documents might be with other agencies like the Enforcement Directorate or the state police.
Senior advocate Colin Gonsalves, representing Shah, asserted that the veteran separatist leader had never advocated violence. He told the court that Shah had met five Indian Prime Ministers over the Kashmir issue and was respected for expressing the people’s aspirations peacefully.
“I never threw stones. Nor did I instigate anyone. I sat with five prime ministers of India… They did it because they knew he wasn’t a terrorist,” Gonsalves submitted.
He named dignitaries such as former Prime Ministers V.P. Singh, I.K. Gujral, and Chandra Shekhar, and ex-Union Ministers Ram Jethmalani and K.C. Pant, claiming that photos of those meetings were on record.
Gonsalves argued that Shah had been in and out of jail for a cumulative 39 years, mostly in cases related to “hate speeches,” but never once called for attacks on security forces. He insisted Shah merely lamented the situation in Kashmir, in language typical of political rhetoric.
“By freedom, I never meant he wanted to be with Pakistan,” he clarified, adding that Shah is now 74 and willing to remain confined to his home and garden in Kashmir if released on bail.
Luthra contested the claim of 39 years in jail, citing reports from Tihar Jail and the Director General of Prisons in Kashmir. He said Shah’s actual jail time amounted to around five years and two months in the current case, and approximately eight years in total.
The court observed that only Shah’s incarceration in the current terror funding case—from June 4, 2019—was relevant for bail consideration, not his past imprisonments.
Shah was arrested by the NIA in June 2019 in connection with a terror funding case dating back to 2017, where the agency booked 12 individuals for allegedly conspiring to raise funds through hawala, cross-LoC trade, and public mobilization to disrupt peace in Kashmir and wage war against the Indian government.
The NIA has accused Shah of playing a “substantial role” in the separatist movement by:
- Inciting slogans for secession,
- Paying tribute to families of slain militants by glorifying them as “martyrs,”
- Receiving money through hawala,
- Raising funds to fuel militant activities.
The Delhi High Court had earlier denied Shah bail, citing the seriousness of the charges and the possibility that he might engage in similar activities or influence witnesses. The high court had also rejected Shah’s alternative plea for house arrest.
It had noted that Shah was the chairman of the Jammu and Kashmir Democratic Freedom Party, an organisation declared unlawful, and had 24 pending criminal cases against him — many involving similar allegations.
The Supreme Court had refused interim bail on September 4, 2025, but agreed to examine his challenge against the high court order.
The apex court has listed the matter for further hearing on February 10, and indicated that it may consider interim relief if arguments are not concluded on that day.
