Kashmiri separatist leader Shabir Ahmed Shah on Tuesday told the Supreme Court that he had met five former Prime Ministers of India to discuss the Kashmir issue and that his public speeches merely reflected the aspirations of the people in the Valley, not any call to violence or terrorism.
A bench of Justices Vikram Nath and Sandeep Mehta was hearing Shah’s plea challenging the Delhi High Court’s order denying him bail in a terror-funding case registered by the National Investigation Agency (NIA). Shah has been in custody since June 2019.
Appearing for Shah, senior advocate Colin Gonsalves argued that the 74-year-old leader had never indulged in violence, nor provoked others to do so. “I never threw stones. Nor did I instigate anyone. I sat with five Prime Ministers of India to solve the issue of Kashmir,” Gonsalves submitted, adding that Shah’s statements only represented the pain and aspirations of the Kashmiri people.
Gonsalves also emphasised that while Shah’s words may have been “uncomfortable,” they were never inflammatory or a threat to national security. “By freedom, I never meant Pakistan,” he clarified, arguing that his client had merely spoken out against the suffering during the period of unrest.
Pictures of Shah with leaders like V.P. Singh, I.K. Gujral, Chandra Shekhar, and former ministers Ram Jethmalani and K.C. Pant were cited as evidence of his political legitimacy.
Justice Mehta noted that while the court had no sympathy for those involved in terror activities, the NIA must justify Shah’s detention of over five years.
“Prima facie, we do not have any sympathy for people who indulged in these things. But facts should be there to justify his detention. We can’t just shut our eyes,” said Justice Mehta, pulling up the NIA for not placing the full record on file.
The court asked the agency to produce Shah’s speeches and other material that form the basis of the prosecution’s case. Senior advocate Siddharth Luthra, appearing for the NIA, sought time to place relevant documents on record, stating some of them may be with the Enforcement Directorate and state police.
Shah was arrested by the NIA on June 4, 2019, in connection with a 2017 FIR that named 12 persons for allegedly conspiring to fund terrorism and disrupt law and order in Jammu & Kashmir through stone pelting and other violent means.
According to the NIA, Shah played a “substantial role” in the separatist movement by inciting slogans for secession, glorifying slain militants as martyrs, receiving hawala funds, and facilitating cross-LoC trade to raise money for terror activities.
The Delhi High Court had earlier denied Shah’s bail plea and an alternative request for house arrest, citing the “serious nature of allegations” and noting his role as chairman of the banned Jammu and Kashmir Democratic Freedom Party. It also took into account a list of 24 pending criminal cases against him, many related to secessionist activities.
Gonsalves argued that Shah had already spent a cumulative period of 39 years in jail for various cases since 1991, though the NIA disputed this, saying his verified jail time is less than nine years, including the current detention.
Seeking bail on medical and humanitarian grounds, Shah’s counsel proposed that he be confined to “his house and garden in Kashmir” under conditions fixed by the court. “The period of speeches is over in Kashmir,” Gonsalves said.
The Supreme Court is expected to resume hearing on February 10 and may consider granting relief if the matter isn’t concluded that day.
- Shah was arrested in 2019 in an NIA case linked to terror funding and separatist activity.
- He is accused of inciting separatism, glorifying militants, and receiving funds through hawala and cross-LoC trade.
- The Delhi High Court had denied him bail in 2023, citing risk of witness tampering and repeat offences.
- NIA to produce material justifying detention beyond six years.
- SC to hear the matter further on February 10.
