The Delhi High Court on June 12 rejected the bail plea filed by Kashmiri separatist leader Shabir Ahmed Shah in connection with an alleged terror funding case. Shah had challenged the earlier order of the special NIA court that denied him bail in this matter.

The division bench comprising Justice Navin Chawla and Justice Shalinder Kaur dismissed the appeal with a brief statement:

“The present appeal is dismissed.”

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A detailed copy of the court’s judgment is still awaited.

Shabir Shah had approached the High Court against the July 7, 2023 order passed by the special NIA court, which had refused to grant him bail. The plea was filed through advocates Mugdha and Kamran Khwaja.

Earlier, Senior Advocate Colin Gonsalves, appearing for Shah, argued that the case had no strong material evidence and that a chargesheet had already been submitted by the National Investigation Agency (NIA).

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The appeal stated that Shabir Shah's name was not included in the main chargesheet or the first supplementary chargesheet filed by the NIA. It further said:

“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.”

The NIA has alleged that multiple accused persons, including Shah, were involved in collecting and distributing funds to incite unrest in Kashmir and to wage war against the Indian government. Shah was arrested in June 2019 and was later named in the second supplementary chargesheet filed by the NIA on October 4, 2019.

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According to the investigation, Shah allegedly played a major role in building a separatist movement in Jammu and Kashmir. He is accused of paying respects to families of slain militants, receiving money through hawala networks, and using funds collected via the Line of Control (LOC) trade for subversive and militant purposes.

“The appellant played a key role in strengthening the separatist network, funding anti-national activities, and maintaining links with various terror groups,” the NIA alleged.

Case Title: Shabir Ahmad Shah v NIA (Crl A 600/2023)