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NIA opposes bail to separatist leader Shabir Shah in Supreme Court
The case involving Shabir Shah has other accused, including two designated terrorists - Hafiz Muhammad Saeed and Mohd Yusuf Shah alias Salahuddin
The National Investigation Agency (NIA) has told the Supreme Court that Kashmiri separatist leader Shabir Ahmed Shah, facing an alleged terror funding probe, has only spent just over 8 years in custody in about 40 criminal cases, contrary to his claim in a bail plea of having spent 38 years in jail.
In a response filed on Friday, the NIA said that since his arrest by the Enforcement Directorate in an alleged terror funding case in July 2017 he has remained in custody at Tihar Jail and based on information received from the Jammu & Kashmir police, it has come to light that out of the 38 criminal cases against him, he was arrested in only 10 cases for a total period of 83 days.
The response of the investigating agency was taken up by a bench of justices VIkram Nath and Sandeep Mehta on Friday which granted time for Shah’s lawyers to file a response. Senior advocate Colin Gonsalves appearing for Shah along with advocate Satya Mitra said that the government has put the petitioner behind bars for 38 years on account of a speech. As Shah’s lawyers claimed he is “very sick” and requires bail, the court posted the matter for hearing on November 10.
The affidavit of NIA, a copy of which has been seen by NIA, said, “The assertion of the petitioner that he has remained in custody for 38 years is false. Even the petitioner has not attempted to substantiate such an assertion with cogent material. The said statement is clearly an attempt to mislead the court purposefully.”
Solicitor general Tushar Mehta appearing for NIA told the court that the charges against Shah are grave referring to his speech which distinguished “Indian state” and “Jammu & Kashmir” He said that this is a serious issue and the Delhi high court rightly denied him bail on June 12 observing that there was possibility that on being enlarged on bail, the accused may engage in similar unlawful activities and influence witnesses. In September, even the top court refused to grant him interim bail.
The NIA further said, “There is sufficient material on record to make out a prima facie case against the petitioner and his involvement in leading violent demonstrations in Kashmir and to instigate the youth in pro-Pakistan slogans and resort to stone pelting on security forces in conspiracy with other accused.”
The affidavit claimed that the material against Shah “prima facie” makes out a case for offences punishable for waging war against the state among other offences under the Indian Penal Code (IPC) and inciting unlawful activities along with terror funding under the UAPA. The NIA, which filed a case against him in 2017 took him into custody on June 4, 2019 and filed a charge sheet before the Patiala House courts in Delhi, where the trial is pending.
Since the framing of charge in May 2022, 30 witnesses have been examined and the delay, if any, is not attributable to the prosecution. Early this year, the NIA dropped about 92 witnesses out of a long list of 340 persons of which 248 remain to be examined. The agency intends to further prune this list for speedy completion of trial, the affidavit said.
The case involving Shah has other accused, including two designated terrorists - Hafiz Muhammad Saeed, the head of banned outfit Lashar-e-Taiba and Mohd Yusuf Shah alias Salahuddin, the head of banned terror outfit Hizb-ul-Mujahideen.
The Ministry of Home Affairs (MHA) had in 2017 ordered NIA to take up the probe after receiving credible information that Hafiz Muhammad Saeed, Amir of Jammat-ud-Dawah and secessionist and separatist leaders, including the members of the Hurriyat Conference, have been acting in connivance with active militants of proscribed terrorist organizations.
The inputs revealed that funds were received from across the border through hawala channels that were funnelled for carrying out separatist and terrorist activities in Jammu and Kashmir.
The NIA found out that Shah was in contact with Pakistan and PoK based terrorists including Syed Salahuddin, Hafiz Mohammad Saeed, and he used to pay tributes to the slain militants and visit their families. He shared details of the killed militants with Pakistan-based entities and constantly received funds from them.
Shah was earlier part of the All Party Hurriyat Conference but later began his own party - the Jammu & Kashmir Democratic Freedom Party (JKDFP). The NIA said that his party propagated insurgency and unrest in Jammu & Kashmir, inciting people to hold protests, hartals and attack security personnel deployed there.
During investigation, several witnesses disclosed his active role in building the separatist and militant movement in J&K. On search conducted on his premises, incriminating videos were found by the NIA which said that his speeches were aimed to support militants and incite hate against India among the people in Kashmir.
