Will the Supreme Court Grant Bail to Kashmir Separatist Leader Shabir Shah?
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Synopsis
The Supreme Court has postponed the hearing regarding Shabir Ahmed Shah's bail plea, raising questions about the lengthy delays in his case. With serious allegations against him, the court's decision on whether to grant bail remains a focal point in the ongoing terror funding investigation.
Key Takeaways
- The Supreme Court has deferred Shabir Shah's bail plea to January 7.
- Shah is accused of terror funding linked to separatist movements in Jammu and Kashmir.
- The NIA argues Shah's release could compromise ongoing investigations.
- The court has warned against any further adjournments in this case.
- Shah's health claims for immediate release were scrutinized by the Supreme Court.
New Delhi, Dec 11 (NationPress) The Supreme Court has postponed the consideration of Kashmiri separatist leader Shabir Ahmed Shah’s bail application in a terror funding case to January 7. A panel comprising Justices Vikram Nath and Sandeep Mehta is reviewing Shah’s special leave petition (SLP) that contests the Delhi High Court’s refusal to grant bail.
Shah was apprehended in June 2019 and is accused by the National Investigation Agency (NIA) of being pivotal in bolstering separatist movements in Jammu and Kashmir, allegedly receiving finances via hawala routes and Line of Control (LoC) trade to support disruptive and militant operations.
His name was documented in the supplementary charge sheet filed by the NIA on October 4, 2019. During the proceedings, the NIA's counsel requested a deferral to January, stating that Solicitor General Tushar Mehta was engaged in another case and could not attend.
This request was contested by senior advocate Colin Gonsalves, who represented Shah, urging the Bench to hear the matter the following week.
The apex court expressed curiosity regarding the necessity for a month-long delay, questioning, “Why January? He is seeking bail. How long has the matter been pending?”
The court rescheduled Shah’s plea for January 7 but warned that no further delays would be permitted.
In September, the Supreme Court rejected a plea for Shah’s immediate release on medical grounds, although it did seek the NIA's response regarding his bail application.
The Justice Nath-led Bench seemed unconvinced by Gonsalves's claims regarding Shah’s “very sick” condition necessitating interim relief.
The Delhi High Court had earlier denied Shah’s bail request, indicating that as the head of an unlawful organization, he might engage in similar activities or interfere with the evidence or witnesses yet to be examined.
“Even though the appellant (Shah) has been in custody for five years, the charges are already framed, and the trial is ongoing. There is no delay on the prosecution's part in presenting its witnesses,” remarked a Bench of Justices Shalinder Kaur and Navin Chawla from the Delhi High Court, dismissing his plea based on trial delays.
Moreover, the Justice Kaur-led Bench stated that considering Shah’s alternative request for house arrest was out of the question due to the serious allegations and the sensitive nature of the case.
Point of View
It’s crucial to observe that the Supreme Court's actions highlight the delicate balance between legal proceedings and the sensitive issues surrounding terrorism in Jammu and Kashmir. The ongoing case against Shabir Ahmed Shah reflects broader national security concerns.
NationPress
11/12/2025
Frequently Asked Questions
What is the current status of Shabir Shah's bail plea?
The Supreme Court has adjourned the hearing on Shabir Shah's bail plea to January 7, following a request from the NIA for a deferral.
What are the allegations against Shabir Shah?
Shabir Shah is accused of playing a significant role in terror funding activities in Jammu and Kashmir, allegedly receiving money through hawala channels to support militant activities.
Why was Shah's bail plea previously denied?
The Delhi High Court denied Shah's bail plea on grounds that he might engage in similar unlawful activities or tamper with evidence if released.
What was the Supreme Court's position on Shah's health during the bail hearing?
The Supreme Court was not convinced by the claims that Shah's health condition warranted immediate release, instead asking for the NIA's response on the bail matter.
