Terror funding case: SC defers hearing on Shabir Ahmed Shah’s bail plea to January 7

The Supreme Court on Thursday deferred to January 7 the hearing on bail plea of Kashmiri separatist leader Shabir Ahmed Shah in a terror funding case.

A bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order after the National Investigation Agency (NIA) counsel sought adjournment on the grounds that Solicitor General Tushar Mehta – who had to argue the case – was busy in another court in a part-heard matter.

The bench, however, made clear that no further adjournment would be granted to NIA. “One last opportunity is granted to the respondent (NIA). We will have it on January 7. We will say no further time will be granted,” it said.

Shah has challenged the Delhi High Court’s June 12 order denying him bail in the case.

Senior advocate Colin Gonsalves, representing Shah, said the matter may be listed next week.

“Why January? He is asking for bail. Matter is pending since September. Notice was issued on September 4. Three months have passed,” the bench asked NIA’s counsel.

On behalf of NIA, senior counsel Siddharth Luthra said examination of witnesses was going on and around 30 witnesses have been examined so far. He said 95 witnesses have been dropped and NIA might trim the number down further.

Gonsalves said there are now 248 witnesses out of which only 30 have been examined.

When Gonsalves requested that the matter be kept for hearing next week, the bench said, “We can hear it tomorrow. We can hear it today also. We have no difficulty, the difficulty is on the other side.”

On September 4, the top court refused to grant interim bail to Shah in the case and issued notice to NIA seeking its response on his plea challenging the high court order.

The Delhi High Court had refused bail to Shah in the case, observing that the possibility of him carrying out similar unlawful activities and influencing witnesses could not be ruled out.

In 2017, NIA registered a case against 12 persons 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 — the chairman of 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.