New Delhi, September 4, 2025 : The Supreme Court on Thursday refused to grant interim bail to Kashmiri separatist leader Shabir Ahmed Shah in a terror funding case, despite submissions regarding his poor health.
A bench comprising Justices Vikram Nath and Sandeep Mehta issued notice to the National Investigation Agency (NIA), seeking its reply within two weeks on Shah’s plea challenging the Delhi High Court’s June 12 order rejecting his bail.
Senior advocate Colin Gonsalves, representing Shah, urged the court for interim relief citing his “very sick” condition. Justice Nath, however, curtly remarked, “No interim bail.”
When Gonsalves pressed further for immediate release, Justice Nath responded, “You should be released today itself?” The court then listed the matter for detailed hearing after two weeks.
Background of the Case
-
Shah was arrested by the NIA on June 4, 2019, in connection with a 2017 case alleging a conspiracy by 12 persons to raise funds through hawala and LoC trade to finance stone-pelting, damage public property, and wage war against India.
-
The NIA accused Shah of playing a “substantial role” in facilitating the separatist movement in J&K by:
-
Inciting public sloganeering in support of secession.
-
Eulogising slain militants as “martyrs.”
-
Receiving and channeling funds for subversive activities.
-
Why Bail Was Denied Earlier
The Delhi High Court had, on June 12, 2025, rejected Shah’s bail plea, observing that:
-
There was a likelihood of him repeating similar unlawful acts or influencing witnesses.
-
His record showed 24 pending cases, many related to secessionist activities.
-
His alternate request for “house arrest” was also dismissed, given the serious nature of charges and his role as chairman of the banned Jammu and Kashmir Democratic Freedom Party (JKDFP).
The high court underscored that while freedom of speech is a constitutional right, it cannot be used as a shield for inciting violence or unlawful activities.
