Terror Funding Case: Delhi HC Rejects Bail Plea Of Kashmiri Separatist Leader Shabir Shah

Delhi High Court

A division bench of the Delhi High Court, comprising Justices Navin Chawla and Shalinder Kaur, dismissed Kashmiri separatist leader Shabir Ahmad Shah’s application for bail in a terror funding case.

The appeal challenged a trial court’s July 7, 2023, order that had refused to grant him interim release.

Bench Pronounces Verdict

“The present appeal is dismissed,” the bench pronounced. A detailed order explaining the court’s reasoning is yet to be released.

In August 2023, the High Court had issued notices to the National Investigation Agency (NIA), seeking its response to Shah’s bail petition. The agency, which originally brought the charges, registered the case in 2017 against Shah and eleven others, alleging they conspired to raise and collect funds to orchestrate public disruptions, such as stone-pelting and property damage—and “to wage war against the government of India.”

Grounds For Bail Sought By Shah’s Counsel

Shah’s legal team argued that there was “no material case” against him warranting continued detention. In its 2023 appeal against the additional sessions judge’s decision, the defense highlighted the protracted nature of the trial:

“The impugned order of the additional sessions judge is contrary to law, weight of evidence and probabilities of the case. The appellant has been languishing in jail in the present case for four years, with over 400 witnesses to be examined and only 15 witnesses having been examined till date in over 4 years.”

They asserted that Shah, detained since June 4, 2019, faced an unreasonably long wait for the conclusion of his trial, making bail a necessary relief.

Court’s Earlier Actions

The trial court had, in March 2022, framed charges under sections relating to conspiracy for raising funds to cause public disorder and conspiring to wage war against the government of India. Despite the framing of charges over two years ago, the trial has progressed slowly, with only a fraction of the prosecution witnesses examined so far.

Case History

Arrest Date: Shah was arrested on June 4, 2019.

Case Registration: The NIA registered the case in 2017, accusing 12 individuals of plotting to fund activities aimed at disrupting public order.

Charges Framed: In March 2022, the court formally charged Shah under relevant provisions of the Indian Penal Code and anti-terror legislation.

What Lies Ahead

With the High Court’s refusal to grant bail, Shah remains in judicial custody as the trial continues. The detailed order, when released, will shed further light on the court’s analysis of the evidence and the legal principles governing bail in cases of alleged terror funding. Until then, Shah’s appeal stands dismissed, and the case moves forward at the trial court level.

(Inputs By Sambhav Sharma)