The Supreme Court on Thursday granted bail to Kashmiri separatist leader Shabir Shah in a 2017 terror financing case, citing his long imprisonment and delayed trial.
“Bail has been granted. A detailed order explaining the reasons will be issued later,” a bench of Justices Vikram Nath and Sandeep Mehta said. The bench asked the National Investigation Agency (NIA) to recommend strict conditions for Shah during the bail period.
Shah’s lawyers, senior advocate Colin Gonsalves and advocate Satya Mitra, said their client had been in detention in one case or another for 38 years. The NIA denied this and said he spent just over eight years in detention in about 40 criminal cases.
“The delay is one aspect that you cannot explain. Forget who is responsible for the delay. But he is still in custody,” the bench told the NIA. She noted that the alleged terrorist financing case was filed in 2017.
Gonsalves told the court that there was no delay in the trial caused by Shah. He added that Shah is seriously ill and is demanding his release on bail.
The National Intelligence Agency described the charges against Shah as serious, in reference to his speech that characterized the Indian state, Jammu and Kashmir. She told the court that this was a serious matter. The Delhi High Court rightly rejected Shah’s bail on June 12 last year, the NIA said, noting that he might be involved in similar illegal activities and influence witnesses. In September, the Supreme Court also refused to grant him interim bail.
The NIA said Shah was in touch with Pakistani terrorists and occupiers from Kashmir, including Syed Salahuddin and Hafiz Muhammad Saeed. She added that he was paying tribute to the dead militants and visiting their families. Shah allegedly shared details of the dead militants with Pakistan-based entities from whom he was constantly receiving money.
The NIA said that Shah’s Jammu and Kashmir Freedom Democratic Party promoted rebellion and unrest, inciting people to organize protests, monitor strikes, and attack security personnel. It quoted witnesses as saying that Shah played an active role in building the separatist and extremist movement.
