The Supreme Court of India has refused to grant interim bail to Shabir Ahmed Shah, who is embroiled in a terror funding case. The Bench, comprising Justices Vikram Nath and Sandeep Mehta, also requested the National Investigation Agency (NIA) to provide their opinion on a special leave petition (SLP) filed by Shah seeking bail.
Shah, a leader of the Jammu Kashmir Democratic Freedom Party (JKDFP), has been in custody since June 2019. He faces allegations of significantly contributing to a separatist movement in Jammu and Kashmir, including inciting public support for the region's secession and engaging in activities such as honoring families of deceased militants, receiving funds through hawala transactions, and raising money via Line of Control (LoC) trade to support subversive and militant activities.
The Supreme Court's decision follows the Delhi High Court's earlier rejection of Shah's bail plea. The High Court expressed concerns that, as Chairman of an unlawful organization, Shah might engage in similar unlawful activities and potentially tamper with evidence or influence witnesses.
The Bench of Justices Shalinder Kaur and Navin Chawla noted that although Shah has been in custody for five years, the charges have been framed, and the trial is progressing without any delay from the prosecution's side. Senior Advocate Colin Gonsalves, representing Shah, argued for interim bail on the grounds of Shah's deteriorating health condition. However, the Supreme Court Bench appeared unconvinced by this submission.
Justice Nath, in particular, was quick to refuse the request for interim bail, despite Gonsalves's suggestion that Shah's "days of speeches are over" and that he could remain at home as a condition of bail.
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