The Supreme Court of India has granted bail to Shabir Ahmad Shah, a prominent Kashmiri separatist leader, in a case related to alleged terror funding under the Prevention of Unlawful Activities Act (UAPA). Shah’s bail plea was approved on March 13 after a thorough examination of legal arguments by the court. The incidents leading to Shah’s arrest trace back to a case initiated by the National Investigation Agency (NIA) in 2017, which sought to investigate various separatist leaders, including Shah.

Background of Arrest and Legal Proceedings

Shah, who has been in judicial custody since his arrest in 2019, is associated with the Jammu and Kashmir Democratic Freedom Party (JKDFP), an influential separatist organization in the Kashmir region. During the court proceedings, Justices Vikram Nath and Sandeep Mehta heard detailed submissions from counsel representing both Shah and the NIA. Senior Advocate Colin Gonsalves, representing Shah, argued that the NIA had not initially named his client in the chargesheet and that he was only included in a supplementary chargesheet filed after his arrest. Shah has been in custody for over six years, and his counsel emphasized that the lengthy process of examining more than 400 witnesses would prolong the trial significantly.

NIA’s Stance on Allegations

The NIA contended that Shah played a pivotal role in raising funds for unlawful activities intended to incite unrest in Kashmir. The agency maintained that the allegations against Shah were serious and warranted continued custody. Despite the NIA’s assertions, the legal discourse shifted focus to the procedural aspects of Shah’s custody and the adequacy of evidence presented against him.

Previous High Court Denial of Bail

Prior to approaching the Supreme Court, Shah sought bail from the Delhi High Court after the trial court denied his request in 2023. The High Court, however, also declined to grant him relief, citing substantial evidence against him and asserting that the allegations were prima facie credible. Furthermore, it noted that Shah faced 24 other First Information Reports (FIRs) involving similar charges, which compounded the legal challenges he faced.

Supreme Court’s Decision

Following his unsuccessful attempts at the High Court, Shah escalated the matter to the Supreme Court. In the recent hearing, the apex court found merit in the arguments presented by Shah’s counsel, leading to the ruling that granted him bail. This decision marks a significant development in the legal journey of Shabir Ahmad Shah amidst a complex case involving prominent political figures in Jammu and Kashmir.

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