Terror funding case: SC defers Kashmir separatist leader Shabir Shah's bail plea to Jan 7

A Bench of Justices Vikram Nath and Sandeep Mehta was dealing with Shah’s special leave petition (SLP) challenging the Delhi High Court’s order refusing him bail.

Shah, arrested in June 2019, is alleged by the National Investigation Agency (NIA) to have played a central role in strengthening separatist networks in Jammu and Kashmir, receiving funds through hawala channels and LoC (Line of Control) trade to aid subversive and militant activities.

His name was included in the second supplementary charge sheet filed by the NIA on October 4, 2019. When the matter was taken up, counsel for the NIA sought that the proceedings be deferred to January, informing the top court that Solicitor General (SG) Tushar Mehta was occupied in a part-heard matter before another Bench and was therefore unavailable.

The request for adjournment was opposed by senior advocate Colin Gonsalves, appearing for Shah, who urged the Justice Nath-led Bench to list the matter for hearing next week.

Questioning the need for a month-long adjournment, the apex court asked, “Why January? He is seeking bail. How long has the matter been pending?”

Posting Shah’s plea for a hearing on January 7, the Justice Nath-led Bench cautioned that no further adjournment would be granted.

Earlier in September, the Supreme Court had declined to order Shah’s immediate release on medical grounds, though it sought the NIA’s response on his bail plea.

At that time, the Justice Nath-led Bench had appeared unconvinced by Gonsalves’s submission that Shah’s “very sick” condition warranted interim relief.

Previously, the Delhi High Court had rejected Shah’s bail plea, holding that the possibility could not be ruled out that, as Chairman of an unlawful organisation, he might engage in similar activities or attempt to tamper with evidence or influence witnesses yet to be examined.

“Although the appellant (Shah) has been in custody for five years, the charges have already been framed, and the trial is underway. There is no delay on the part of the prosecution for not examining its witnesses,” said a Bench of Justices Shalinder Kaur and Navin Chawla of the Delhi HC, rejecting his plea for release on bail on the ground of delay in the trial.

Further, the Justice Kaur-led Bench said there was no question of considering Shah’s alternative plea for house arrest, given the serious allegations against him and the sensitivity and gravity of the issues involved.