Has the SC granted NIA three weeks to respond to Shabir Shah’s bail plea?
Synopsis
Key Takeaways
In a significant legal development, the Supreme Court of India has afforded the National Investigation Agency (NIA) a period of three weeks to prepare its response regarding the bail application submitted by Shabir Ahmed Shah, a prominent Kashmiri separatist leader accused in a terror-funding case. The next hearing is scheduled for February 10.
The NIA, requesting additional time, informed the apex court of new evidence that has surfaced in the case, promising to deliver a comprehensive reply to Shah’s affidavit. The court granted this request.
The 74-year-old Shah has applied for bail, citing his advanced age and the lengthy period of over six-and-a-half years he has spent in custody.
During the proceedings, senior advocate Colin Gonsalves, representing Shah, emphasized that the case rests on a singular speech that has been presented to the court numerous times. He argued that Shah has already endured a lengthy detention and is at risk of being arrested repeatedly through successive FIRs.
On the other hand, NIA counsel Siddharth Luthra countered this plea, stating that Shah was apprehended in June 2019 while he was already in custody for a case handled by the Enforcement Directorate. He alleged Shah's involvement in financing protests aimed at disrupting the administration.
Luthra further informed the court that witnesses have indicated that Shah had suggested students for medical admissions in Pakistan, where seats are specifically reserved for Kashmiri students. As of now, 34 witnesses out of a total of 248 have been examined, with charges formally framed on March 16, 2022.
The NIA has indicated that they are examining four to five witnesses each month.
In response, Gonsalves pointed out that Shah distanced himself from the All Parties Hurriyat Conference (APHC) in 1996 to form his independent group. He contended that the allegations are primarily directed at the APHC and not at Shah personally. Moreover, he raised concerns over the trial's sluggish pace, noting that despite increasing the number of witnesses to 290, only a fraction have been examined over the past eight years, justifying Shah's release on bail.
Shah has appealed against the Delhi High Court's ruling from June 12 of the previous year, which denied him bail. The NIA had previously notified the Supreme Court that evidence collection for the case is currently ongoing.