SC seeks details of Shabir Shah’s custody in 24 cases amid terror funding probe

The Supreme Court on Wednesday sought details relating to the custody of Kashmiri separatist leader Shabir Ahmed Shah in criminal cases other than the terror funding case being probed by the National Investigation Agency (NIA).

While hearing Shah’s plea challenging the Delhi High Court’s June 12 order denying him bail in the terror funding case, a bench led by Justice Vikram Nath said probably there were 24 cases against Shah.

The bench granted four weeks to NIA to file its affidavit after the NIA counsel said the court had on September 4 issued a notice on Shah’s plea and the agency needed time to file its response.

“Please provide us the status of custody in other cases also. He is facing trial in probably 24 cases,” the bench said, posting the matter for hearing on October 31.

On September 4, the top court refused to grant interim bail to Shah in the case even as it issued a notice to NIA seeking its response within two weeks on Shah’s plea challenging the high court’s order.

Earlier, the high court had refused to grant him bail in the case, saying the possibility of his carrying out similar unlawful activities and influencing witnesses couldn’t be ruled out.

In 2017, NIA registered a case against 12 people on the 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 central government.

Shah — chairman of the Jammu and Kashmir Democratic Freedom Party (JKDPF), an unlawful organisation — was arrested by NIA on June 4, 2019.

Shah allegedly played a “substantial role” in facilitating a separatist or militant movement in Jammu and Kashmir by inciting and instigating the general public to sloganeering in support of the secession of 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 had said the Constitution 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 high court had said.

It had dismissed Shah’s appeal against the trial court’s July 7, 2023, order refusing him bail. It also rejected Shah’s alternate prayer seeking “house arrest” given the serious nature of the charges. The court had noted that he was the chairman of an unlawful organisation, JKDPF.

The high court had 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 of India.