Supreme Court Demands NIA Justification for Shabir Shah's Six-Year Detention in Terror Funding Case

The Supreme Court has challenged the NIA to provide evidence justifying Shabir Shah's detention for over six years in a terror funding case. The court emphasised the necessity of factual support for continued detention.

The Supreme Court has criticised the National Investigation Agency (NIA) for not adequately presenting its case against Kashmiri separatist leader Shabir Ahmed Shah. The court questioned the justification for Shah's detention, which has lasted over six years. Justices Vikram Nath and Sandeep Mehta, while hearing Shah's bail plea, requested the NIA to provide some of Shah's speeches and other relevant details.

During the proceedings, senior advocate Colin Gonsalves, representing Shah, argued that Shah had engaged with five Indian prime ministers on the Kashmir issue. Gonsalves stated that Shah's speeches reflected the aspirations of the people in the region. "I never threw stones. Nor did I instigate anyone. I sat with five prime ministers of India to solve the issue of Kashmir," Gonsalves quoted Shah as saying.

Shah's Past Engagements and Allegations

Gonsalves mentioned that Shah had met several dignitaries, including former prime ministers VP Singh, IK Gujral, and Chandra Shekhar. He also named former union ministers Ram Jethmalani and KC Pant among others. Justice Nath inquired about these meetings, to which Gonsalves responded that photographs were included in the case files.

Justice Mehta expressed that while there was no sympathy for those involved in such activities, facts must justify Shah's prolonged detention. "What are the facts that justify his detention beyond the period of six years? We can't just shut our eyes to the facts available," Justice Mehta remarked to Siddharth Luthra, who represented the NIA.

NIA's Response and Court Proceedings

Luthra requested additional time to gather relevant documents, noting that some might be held by the Enforcement Directorate or state police. The Supreme Court scheduled further hearings for February 10. If unresolved by then, the court may consider granting relief on that date.

The high court previously denied bail to Shah, citing potential risks of him engaging in similar unlawful activities or influencing witnesses. Shah was arrested by the NIA on June 4, 2019. In 2017, he was among 12 individuals charged with conspiracy to raise funds for disruptive activities against the central government.

Charges Against Shabir Ahmed Shah

Shah is accused of playing a significant role in promoting a separatist movement in Jammu and Kashmir. Allegations include inciting public support for secession, glorifying slain militants as martyrs, receiving funds through hawala transactions, and raising money via cross-LoC trade for subversive activities.

The high court dismissed Shah's appeal against a trial court order denying him bail on July 7, 2023. His request for house arrest was also rejected due to the seriousness of charges against him. The high court noted his leadership of an unlawful organisation and reviewed a table detailing 24 pending cases against him related to similar criminal activities.

Shah's Legal Challenges and Public Perception

Gonsalves highlighted that despite being jailed multiple times over 39 years, Shah never advocated violence against security forces or government obstruction. Instead, he spoke about freedom for Kashmiris without implying alignment with Pakistan. Gonsalves argued that people admired Shah for voicing their aspirations.

Luthra countered that reports from Tihar Jail authorities and DG Prisons in Kashmir did not support claims of Shah's extensive imprisonment. He estimated Shah's total jail time at around eight years, including approximately five years and two months related to this case.

Gonsalves proposed that if granted bail, conditions could be set for Shah to remain confined to his home and garden in Kashmir due to his age of 74 years. He emphasised that "the period of speeches is over in Kashmir."

The Supreme Court previously declined interim bail for Shah on September 4 last year but sought a response from the NIA regarding his plea challenging a high court order denying bail.

With inputs from PTI