New Delhi, Sep 4 The Supreme Court on Thursday declined to order the immediate release of Kashmiri separatist leader Shabir Ahmed Shah on interim bail in an alleged terror funding case.
However, a Bench of Justices Vikram Nath and Sandeep Mehta sought the National Investigation Agency (NIA)’s opinion on a special leave petition (SLP) filed by Shah seeking bail.
The Justice Nath-led Bench appeared unconvinced by senior Advocate Colin Gonsalves’s submission that Shah’s “very sick” condition warranted his release on interim bail.
Earlier, the Delhi High Court had rejected Shah’s bail plea, stating that the possibility cannot be ruled out that, as Chairman of an unlawful organisation, he would not indulge in similar unlawful activities and may attempt to tamper with evidence or influence witnesses yet to be examined.
“Although the appellant (Shah) has been in custody for five years, the charges have already been framed, and the trial is underway. There is no delay on the part of the prosecution for not examining its witnesses,” said a Bench of Justices Shalinder Kaur and Navin Chawla, rejecting his plea for release on bail on the ground of delay in the trial.
Further, the Justice Kaur-led Bench said there was no question of considering Shah’s alternative plea for house arrest, given the serious allegations against him and the sensitivity and gravity of the issues involved.
Shah was arrested in June 2019 and is alleged to have played a significant role in establishing a separatist movement in Jammu and Kashmir.
He is also accused of 'honouring' the families of deceased terrorists, receiving funds through hawala transactions, and raising money via LoC trade to support subversive and militant activities.
The NIA has claimed that several individuals accused of conspiring to raise funds to destabilise Kashmir and wage war against the Indian government were involved.
Shah’s name was included in the second supplementary charge sheet filed by the NIA on October 4, 2019.
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