Shabir Ahmed Shah is a Kashmiri separatist leader accused of alleged terror funding, and his bail application was dismissed by the Delhi High Court on June 12, 2025. Shah had challenged a previous order of the special NIA court, which had refused him bail in July 2023.
The division bench of Justice Navin Chawla and Justice Shalinder Kaur briefly pronounced the oral order: "The present appeal is dismissed"; the detailed order is still awaited.
Background of the Case
- Shabir Ahmed Shah, a senior figure in the separatist political spectrum of Jammu and Kashmir, is under judicial custody since June 2019, his arrest being linked to a wider NIA probe in alleged terror funding in the Kashmir Valley.
- According to NIA, Shah was involved in a conspiracy to raise and collect funds with the intention that these funds were used to foment unrest in the valley and wage war against the Government of India. The agency alleged the use of hawala transactions and LoC trade routes."
- He was made an accused on October 4, 2019 in the second supplementary charge sheet filed by the NIA, the date of which is not mentioned.
Arguments Raised by the Defence
- The appeal before the Supreme Court was filed through Advocates Mugdha and Kamran Khwaja, and Senior Advocate Colin Gonsalves argued the appeal. The main plea put forward by the appellants was that there was not any substantial material against Shah in the chargesheet or the first supplementary chargesheet filed by the NIA.
- The appeal mentioned that from the initial investigative documents that gave birth to the case, Shah's name was absent. It has been stated that Shah's arrest and further custody had no evidentiary basis.
- Gonsalves stated that this is a "no material case," that is, if already charge sheeted, it means the investigation has been completed and therefore, further detention is not required.
- Furthermore, the defence emphasized the time required to see this matter to trial in this court, wherein over 400 witnesses had been examined by the prosecution; the appeal argued that to have a further trial did not appear possible speedily and also justified the bail application on that ground of long pre-trial detention.
NIA's Allegations
The NIA has vehemently opposed Shah, indicting him for leading a separatist movement in Jammu and Kashmir. The alleged offences include:
- Paying tribute to families of slain militants
- Illegally raising funds through hawala transactions
- Channelling money through cross-LoC trade
- Utilising these funds for subversive and militant activities
It is alleged by the central agency that Shah’s act was not just ideological but had material consequence, bringing violence and unrest in the region.
Legal Proceedings and Current Status
- Shah’s case (Shabir Ahmad Shah v NIA (Crl A 600/2023)) pertained to an attempt to set aside the July 7, 2023 order of the special NIA court passed against him refusing bail on account of the gravity of charges and alleged evidence gathered against him.
- Since the High Court has upheld the decision of the lower court, Shah is likely to remain in judicial custody as the trial progresses. The High Court has not given any reason during a very brief oral pronouncement.
Implications of the Ruling
- Through this order, the High Court sends out a strong statement on the judicial posture on cases of national security and terror funding. Since the detailed order is yet to be released, the dismissal of the bail plea seems to support the NIA in asserting the gravity of the case.
- This order may also affect persons bearing the charge of the same case to a larger degree, especially regarding their pre-trial detention standards and what the court considers as "sufficient material" to hold a accused.
The denial of bail to Shabir Shah by the Delhi High Court marks a crucial milestone in the continuance of the terror-funding case in Jammu and Kashmir. While the defence has countered with arguments on issues of due process, lack of evidence, and undue delay in trial, the courts have hitherto preferred to put national security considerations in the forefront.
The proceeding trial shall continue to shine a spotlight on the manner in which courts shall balance individual liberties against the state's interest in curbing terrorism, especially in cases having their roots in a complex geopolitical conflict such as Kashmir.
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