The Supreme Court on Wednesday directed the National Investigation Agency (NIA) to furnish details regarding the custody status of Kashmiri separatist leader Shabir Ahmed Shah, accused in a terror funding case, in connection with several other criminal matters pending against him.
A bench comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria observed that Shah was facing trial in “probably 24 cases” and asked the NIA to clarify his custody status in each. The directive came while the bench was hearing Shah’s appeal against the Delhi High Court’s June 12 order denying him bail in the 2017 terror funding case.
During the hearing, the NIA submitted that the apex court had already issued notice on Shah’s plea on September 4, and the agency required more time to file a counter affidavit. Granting its request, the bench gave the NIA four weeks and scheduled the matter for further hearing on October 31.
Earlier this month, the top court had refused to grant interim bail to Shah, instead calling for the agency’s response.
In its June order, the Delhi High Court had refused bail to Shah, stressing that the risk of him engaging in “similar unlawful activities” or attempting to influence witnesses could not be ignored. The court also rejected Shah’s alternate plea for being placed under house arrest, citing the seriousness of the allegations.
The High Court noted that Shah, as chairman of the banned Jammu and Kashmir Democratic Freedom Party (JKDPF), had multiple pending cases against him, many linked to secessionist activities and conspiracy against the Union of India. A detailed table annexed before the court reflected around 24 criminal cases.
The NIA had arrested Shah on June 4, 2019, in connection with the 2017 terror funding case. The agency had registered the case against 12 individuals on allegations of conspiring to raise and channel funds for stone pelting, damaging public property, and waging war against the central government.
According to the charges, Shah played a “substantial role” in facilitating separatist and militant movements in Jammu and Kashmir by:
- Inciting the public with slogans in favour of secession,
- Eulogising slain militants as “martyrs,”
- Receiving funds through hawala transactions, and
- Using money routed through LoC trade to fuel subversive activities.
The Delhi High Court had underlined that while the Constitution guarantees freedom of speech and expression, this right does not extend to inflammatory speeches or acts inciting violence, which are detrimental to the integrity of the nation.
The case will now be taken up by the Supreme Court after the NIA files its detailed affidavit on Shah’s custody across pending cases.
