Shabir Shah, a leader associated with Kashmiri separatism, has been granted bail by the Patiala House Court in New Delhi. The decision, made by Special Judge Prashant Sharma, pertains to a money laundering case linked to terrorism financing. This ruling comes as Shah had previously received bail from the Supreme Court in a separate terror funding case.

Background and Arrest

Shabir Shah was apprehended by the National Investigation Agency (NIA) in 2019. Alongside this case, the Enforcement Directorate (ED) had launched its investigation into the money laundering allegations. The court set his bail at Rs 1 lakh, requiring a surety bond of an equivalent amount. Shah’s attorney, M S Khan, emphasized during the bail application process that Shah’s ongoing detention since 2019 was unwarranted, especially since the Supreme Court had already granted him bail in the NIA’s earlier case.

Legal Proceedings and Arguments

Khan expressed confidence that Shah could secure his release from Tihar Jail by fulfilling the bail requirements on the upcoming Monday. Previously, the Supreme Court had also found in favor of Shah in a terror funding case associated with the Prevention of Unlawful Activities Act (UAPA). Justices Vikram Nath and Sandeep Mehta presided over the case, deliberating on arguments presented by Senior Advocate Colin Gonsalves representing Shah and Senior Advocate Siddharth Luthra advocating for the NIA.

Contentions in Court

In the course of the hearings, defense counsel pointed out that Shah had not been named initially in the NIA’s chargesheet; instead, he was included only after a supplementary chargesheet was filed following his arrest. The incarceration had extended beyond six years at that point, with over 400 witnesses yet to be examined, signaling that the trial’s conclusion was not imminent. The NIA countered, asserting that Shah is a significant figure in raising finances for illegal activities intended to incite unrest in Jammu and Kashmir.

Prior Court Developments

Earlier in 2023, Shah sought bail from the Delhi High Court, which rejected his plea, citing substantial evidence against him. The High Court noted that there were 24 FIRs lodged against Shah involving similar charges, underlining the severity of the allegations. Following this, Shah approached the Supreme Court to contest the High Court’s dismissal of his bail application.

Charging History and Continued Custody

The NIA had initiated its investigation into the alleged terror-funding activities in 2017, leading to Shah’s arrest two years later as part of a broader inquiry involving several separatist figures. Since his detention, Shah has continually remained under judicial custody, with legal proceedings ongoing in both the NIA and ED cases.

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