The Supreme Court has granted bail to Kashmiri separatist leader Shabir Ahmed Shah in a terror funding case, noting that his prolonged incarceration and the unlikely conclusion of trial in the near future could infringe upon his constitutional right to personal liberty.
A bench of Justices Vikram Nath and Sandeep Mehta, in its March 12 order, observed that Shah, aged 74, had remained in custody for an extended period while the trial showed little progress. The court said that continued detention in such circumstances raises concerns about curtailment of personal liberty.
Shah was arrested by the National Investigation Agency (NIA) on June 4, 2019, and has been in custody since then. The court emphasized that prolonged incarceration, especially when trial proceedings have not advanced substantially, is a significant factor in deciding bail applications.
The bench clarified that it was not expressing any opinion on the merits of the case but took into account the long duration of custody, Shah’s advanced age, and the low likelihood of early completion of the trial. On these grounds, the court allowed him bail during the pendency of the trial.
However, the relief comes with strict conditions. Shah has been directed not to leave the national capital, surrender his passport, and use only one designated mobile or landline number, which must remain active at all times. He is also required to report to the investigating officer every fortnight and refrain from tampering with evidence or influencing witnesses.
Additionally, the court has barred him from making any public or media statements regarding the case. He must also submit an undertaking before the trial court that he will not engage in any similar offence while on bail. The court made it clear that any violation of these conditions could lead to cancellation of bail.
The order was passed after hearing arguments from both sides. Senior advocate Colin Gonsalves represented Shah, while senior advocate Siddharth Luthra appeared for the NIA. During the proceedings, the bench noted several irregularities in the trial and highlighted the issue of Shah’s extended detention.
Earlier, on September 4 last year, the Supreme Court had declined to grant interim bail and sought a response from the NIA on Shah’s plea challenging a Delhi High Court order dated June 12, 2025, which had denied him bail. The High Court had expressed concerns that Shah could potentially engage in similar unlawful activities or influence witnesses if released.
The case traces back to 2017, when the NIA registered a case against 12 individuals, alleging a conspiracy to raise funds for disrupting public order in Jammu and Kashmir. The agency accused the group of financing activities such as stone pelting, damage to public property, and efforts aimed at waging war against the central government.
According to the NIA, Shah played a significant role in furthering separatist activities by allegedly mobilising public sentiment, raising slogans in favour of secession, and glorifying slain militants. He was also accused of receiving funds through hawala channels and cross-Line of Control trade, which were allegedly used to support militant and subversive operations.
