Supreme Court Grants Bail to Separatist Leader Shabir Shah in Terror Funding Case

The Supreme Court of India on Thursday granted bail to Kashmiri separatist leader Shabir Ahmad Shah in an alleged terror funding case registered under the Unlawful Activities (Prevention) Act.

Shah was arrested in 2019 in connection with a case registered by the National Investigation Agency (NIA) in 2017 against him and several other separatist leaders. He has remained in judicial custody since his arrest.

A bench comprising Justices Vikram Nath and Sandeep Mehta granted him bail after hearing detailed arguments from Senior Advocate Colin Gonsalves, appearing for Shah, and Senior Advocate Siddharth Luthra, representing the NIA.

Shah heads the Jammu and Kashmir Democratic Freedom Party (JKDFP), a separatist organisation active in the Kashmir Valley. He was booked for various offences related to alleged attempts to promote secessionist activities in the region.

During the hearing, Shah’s counsel argued that the NIA had not named him in its original chargesheet and that he was added as an accused only in a supplementary chargesheet filed after his arrest. The defence also highlighted that Shah has been in custody for over six years, while the trial is likely to take considerable time as more than 400 witnesses are yet to be examined.

Opposing the plea, the NIA told the court that Shah was a key accused who allegedly raised funds for unlawful activities aimed at creating disruption in the Kashmir Valley.

Earlier, Shah had moved the Delhi High Court seeking bail after a trial court rejected his plea in 2023. The High Court also denied relief, noting that there appeared to be strong prima facie evidence against him and pointing out that around 24 FIRs had been registered against him in connection with similar offences.

Following the High Court’s refusal, Shah approached the Supreme Court challenging the decision. The top court has now granted him bail.