SC denies interim bail to Kashmiri leader Shabir Ahmed Shah
The Supreme Court on Tuesday refused to grant interim bail to senior Kashmiri leader Shabir Ahmed Shah, while issuing notice on his bail plea in a terror funding case, the Live Law reported.
Senior Advocate Colin Gonsalves, appearing for Shah, urged the court to allow interim bail on medical grounds, submitting that Shah is “very sick” and could be confined to his home if released.
“His days of speeches are over,” Gonsalves said. However, the bench of Justices Vikram Nath and Sandeep Mehta heard the matter.was not inclined to pass an immediate order for his release.
Shah, arrested in June 2019, was named in the second supplementary chargesheet filed by the National Investigation Agency (NIA) on October 4, 2019.
The charges against him include allegedly playing a significant role in mobilising the separatist movement in Jammu and Kashmir, paying tributes to families of slain militants, receiving money through hawala transactions, and raising funds via Line of Control (LOC) trade to “fuel subversive and militant activities.”
He had earlier moved the High Court challenging a July 7, 2023 order of the special NIA court that rejected his bail plea, but his petition was dismissed.
Shah’s appeal contends that his name does not appear in the main or first supplementary chargesheets, which attribute the offences to a larger conspiracy.
Shabir Shah, 70, head of the Democratic Freedom Party, one of the most popular and respected political leaders in Kashmir, is currently serving out the 38th year of his detention.
Highlighting the absence of direct evidence, the prolonged incarceration, and the improbability of an early trial with nearly 400 prosecution witnesses still to be examined, Shah has sought bail.
The NIA, opposing his plea, argued that Shah and other accused conspired to raise and channel funds to disrupt peace in Kashmir and to wage war against the Indian government.
Though Shah was initially charged solely with money laundering, the Enforcement Directorate (ED) later expanded the allegations to include terror funding and collusion with Pakistan, first time he has been formally charged with a criminal offense.
Shabir Shah was repeatedly arrested under India’s emergency laws, such as the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Public Safety Act (PSA), draconian legislations that allow detention without a charge sheet, warrant, or prior legal procedures.
Despite years of pretrial detention, the Indian government has failed to prove any charges against him.
The prosecution also brought charges against Shah’s wife and, in April 2019, summoned his daughter Sama Shah, who was only five years old at the time of the alleged crime in 2005.
Shah’s family alleged that he was subjected to harassment and degrading treatment by escorting officers during a medical visit to Safdarjung Hospital on May 1, 2025.
They also stated that for the past two years, they have been denied any phone contact with him and were not allowed to be by his side during medical emergencies.
