The Supreme Court on Wednesday directed the National Investigation Agency (NIA) to provide details regarding the custody of Kashmiri separatist leader Shabir Ahmed Shah—accused in a terror funding case—in other criminal cases against him.
A bench comprising Justices Vikram Nath, Sandeep Mehta, and N. V. Anjaria noted that Shah is reportedly facing 24 cases. The matter relates to Shah’s plea challenging the Delhi High Court’s June 12 order denying him bail in the terror funding case.
Shah’s counsel told the court that a notice had been issued on September 4 and that the NIA required time to file its counter affidavit. The bench granted the agency four weeks to submit its affidavit, specifying that it should include the status of Shah’s custody in other criminal cases. The matter has been scheduled for further hearing on October 31.
Earlier, on September 4, the Supreme Court had refused to grant Shah interim bail. The Delhi High Court had similarly denied him bail, observing that the risk of him engaging in unlawful activities or influencing witnesses could not be ruled out. Shah was arrested by the NIA on June 4, 2019.
The case stems from a 2017 NIA investigation against 12 individuals allegedly involved in raising funds to disrupt public order, damage property, and conspire against the central government. Shah is accused of facilitating separatist or militant activities in Jammu and Kashmir, including inciting public demonstrations, paying tribute to slain militants, and raising funds through hawala transactions and cross-border trade—funds allegedly used to support subversive activities.
The high court had emphasized that while the Constitution guarantees freedom of speech and expression, it allows reasonable restrictions in the interest of public order, morality, decency, or to prevent incitement to crime. It noted that this right cannot be misused to incite unlawful acts under the guise of rallies or public gatherings.
Shah, the chairman of the Jammu and Kashmir Democratic Freedom Party (JKDFP), had his appeal against a July 7, 2023 trial court order refusing bail dismissed. The court also rejected his request for house arrest, citing the serious nature of the charges and his involvement in multiple cases related to efforts to secede Jammu and Kashmir from India.
