New Delhi, Dec 11: The Supreme Court on Thursday said it will hear the bail plea of Kashmiri separatist leader Shabir Ahmed Shah in a terror funding case on January 7. A bench of Justices Vikram Nath and Sandeep Mehta passed the direction after the National Investigation Agency (NIA) sought adjournment, stating that Solicitor General Tushar Mehta would appear and argue the matter.
While listing the case for January 7, the bench made it clear that no further adjournment would be granted to the agency. Shah has challenged the Delhi High Court’s June 12 order denying him bail. During the hearing, NIA’s counsel informed the bench that the Solicitor General was engaged in a part-heard matter in another court and requested the hearing to be shifted to January.
Senior advocate Colin Gonsalves, representing Shah, urged the court to list the matter next week instead. The bench questioned the delay, noting that Shah’s plea has been pending since September, when notice was issued on September 4. The NIA insisted that Mehta would appear for them.
The bench then sought details of the trial proceedings. Senior advocate Sidharth Luthra said the examination of witnesses was underway, with around 30 examined so far. He added that 95 witnesses have been dropped and the list may be pruned further. Gonsalves, however, said that 248 witnesses remain, out of which only 30 have been examined to date.
The court granted “one last opportunity” to the NIA and fixed January 7 as the final date for arguments, reiterating that no extension would be allowed. When Gonsalves suggested listing the matter this week, the bench said it could hear the case immediately but noted that the delay was on the agency’s side.
On September 4, the Supreme Court had refused interim bail to Shah and sought the NIA’s response to his challenge to the high court order. The Delhi High Court had denied bail, citing the risk of Shah engaging in similar unlawful acts or influencing witnesses.
Shah was arrested by the NIA on June 4, 2019. The agency had, in 2017, booked 12 individuals for allegedly raising funds to fuel unrest through stone-pelting, destruction of public property and conspiracy to wage war against the Centre. Shah is accused of playing a “substantial role” in the separatist movement by inciting public sentiment, glorifying slain militants as “martyrs”, receiving hawala funds and using cross-LoC trade to finance subversive activities in Jammu and Kashmir.
The high court had earlier rejected both his bail plea and his alternative request for house arrest, citing the gravity of charges and pointing to 24 pending cases against him, many related to secessionist activities and conspiracy against the Union of India. (Agencies)
