The Supreme Court on Thursday granted bail to Kashmiri separatist leader Shabir Ahmed Shah in a terror funding case. Importantly, the Court noted that the prosecution could not explain the delay in the trial.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order. During the hearing, the Bench heard Senior Advocate Colin Gonsalves for Shah and Senior Advocate Siddharth Luthra for the NIA.
Arrest and allegations by NIA
The NIA arrested Shah in June 2019. Thereafter, it named him as an accused in its second supplementary chargesheet filed on October 4, 2019.
The agency alleged that Shah played a key role in building a separatist movement in Jammu and Kashmir. It further alleged that he paid tribute to the families of slain terrorists. According to the NIA, he received money through hawala transactions and raised funds through LoC trade. The agency also claimed that those funds were used to “fule subversive and militant activities.”
Bail plea and challenge to earlier order
Shah had earlier challenged a July 7, 2023 order of the Special NIA Court that rejected his bail plea. After that, he moved the High Court. However, the High Court dismissed his plea.
In the appeal, Shah argued that the NIA had not named him in the main chargesheet or in the first supplementary chargesheet. According to him, those chargesheets treated the offences as part of the alleged conspiracy.
His appeal stated:
“Therefore, in the absence of any material/material against the appellant, the prolonged period of incarceration, the impossibility of speedy trial with 400 witnesses to be examined by the prosecution, the appellant seeks bail,”
NIA opposes bail before Supreme Court
On the other hand, the NIA opposed the plea. It argued that Shah and other accused persons had conspired to raise and collect funds. According to the agency, they used those funds to cause disruption in the Kashmir Valley and to wage war against the Government of India.
Supreme Court grants bail
Ultimately, the Supreme Court granted bail to Shah. In doing so, it noted that the delay in the trial remained unexplained.
Case Title: SHABIR AHMED SHAH Versus NATIONAL INVESTIGATION AGENCY
Case Number: SLP(Crl) No. 13399/2025
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