New Delhi: The Supreme Court of India has granted bail to Kashmiri separatist leader Shabir Ahmed Shah in a terror funding case, imposing strict conditions on his release after more than eight years in custody.
In its March 12 order, a bench of Justices Vikram Nath and Sandeep Mehta said prolonged incarceration without timely trial progress could violate the constitutional right to personal liberty. The court noted Shah’s advanced age (74) and the low likelihood of an early conclusion of the trial as key reasons for granting bail, while clarifying that it made no observations on the merits of the case.
The court directed Shah to comply with several stringent conditions during the trial period. He is allowed to use only one mobile phone, which must remain switched on at all times, and must share his contact details with the special public prosecutor. He cannot leave Delhi without prior permission from the trial court and must surrender his passport, if any.
Additionally, Shah has been instructed to report to the investigating officer of the National Investigation Agency once every fortnight, specifically on Wednesdays or Thursdays between 10 am and 11 am. The court also barred him from influencing witnesses, tampering with evidence, or committing any similar offence while on bail.
Importantly, Shah has been prohibited from making any public or media comments regarding the case or his alleged role in it. He must submit an undertaking before the trial court agreeing to all conditions within three days of his release. Any violation could lead to cancellation of his bail.
The court emphasized that extended detention, particularly when trials show little progress, is a significant factor in deciding bail applications. Shah had been in custody for over eight-and-a-half years following his arrest by the NIA.
Earlier, in September last year, the apex court had denied him interim bail and sought a response from the NIA on his appeal against a Delhi High Court order that had refused relief. The high court had cited concerns that Shah could influence witnesses or engage in similar unlawful activities if released.
The case dates back to 2017, when the NIA charged 12 individuals with allegedly raising funds through hawala channels and cross-Line of Control trade to fuel unrest in Jammu and Kashmir. Shah is accused of playing a significant role in supporting separatist activities and inciting anti-government actions.
