Delhi HC dismisses bail plea of separatist leader Shabir Shah

The Delhi High Court on Thursday refused to grant bail to Kashmiri separatist leader Shabir Ahmad Shah in a terror funding case, observing the possibility of him carrying out similar unlawful activities and influencing witnesses couldn’t be ruled out.

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A bench of Justices Navin Chawla and Shalinder Kaur said the Constitution of India provides for a right to freedom of speech and expression, but it also places reasonable restrictions such as public order, decency, morality or incitement to an offence.

“This right cannot be misused under the garb of carrying out rallies wherein, a person uses inflammatory speeches or instigates the public to commit unlawful activities, detrimental to the interest and integrity of the country,” the bench said.

The high court, therefore, dismissed Shah’s appeal against the trial court’s July 7, 2023 order refusing bail.

Shah was arrested by the National Investigation Agency (NIA) on June 4, 2019.

The high court also rejected Shah’s alternate prayer seeking “house arrest” given the serious nature of charges.

In 2017, the NIA registered a case against 12 persons for allegations of conspiracy for raising and collecting funds for causing disruption by way of pelting stones, damaging public property and conspiring to wage war against the government of India.

Shah was alleged to have played a “substantial role” in facilitating a separatist or militant movement in Jammu and Kashmir by inciting and instigating the general public to sloganeer in support of the secession of the J&K; paying tribute to the family of slain terrorists or militants by eulogising them as “martyrs”; receiving money through hawala transactions and raising funds through the LoC trade, which were allegedly used to fuel subversive and militant activities in J&K.

The high court observed he was the chairman of the unlawful organisation Jammu and Kashmir Democratic Freedom Party (JKDPF).

The bench examined a table elaborating on the 24 pending cases against Shah, indicating his involvement in a number of criminal cases of a similar nature and relating to conspiring for the secession of J&K from the union territory of India. These cases reflect extensive preparations and coordinated action undertaken in furtherance of that objective, it added.

On Shah’s plea pointing out a delay in the trial against him, the high court noted though he had been in custody for five years, charges were framed and the trial was underway without any delay on the part of the prosecution.

The court said charges were framed by the trial court in the case and for adjudicating his regular bail plea, there were reasonable grounds to believe that the accusations against Shah appeared prima facie true.”The appellant has not been able to discharge the burden upon him in order to secure bail,” it said.