NIA Objects to ‘India and J&K Are Separate’ Remark During Shabir Shah Bail Hearing in SC

The National Investigation Agency, while opposing the bail plea of Kashmiri separatist leader Shabir Ahmed Shah in a terror funding case in Supreme Court on Friday, strongly objected to the stand that India and Jammu and Kashmir are separate entities.

Solicitor General Tushar Mehta, appearing for the NIA, took umbrage at the stand usually adopted by the separatists.

"Before the Supreme Court of India, nobody can say Indian State and Jammu and Kashmir. I am making an issue out of it," Mehta told a bench of Justices Vikram Nath and Sandeep Mehta.

The Supreme Court was hearing Shah's plea challenging the Delhi High Court's June 12 order denying him bail in the terror funding case.

At the outset, Mehta said the NIA has filed its affidavit in the matter on Friday.

"Shah's contention that he is in jail for 30-plus years is found to be factually incorrect," the top law officer said.

Senior advocate Colin Gonsalves, appearing for Shah, said that he was in jail for 39 years.

The bench granted Shah 10 days to file a rejoinder in the matter.

When the bench said it would hear the matter next on November 14, Gonsalves urged that the matter be heard soon as Shah was "very sick".

"He is sick, that is the problem," Mehta said.

The bench then listed the plea for hearing on November 10.

While hearing the matter on September 24, the top court asked the NIA to furnish details related to Shah's custody in other criminal cases against him. The bench said he probably had 24 cases against him.

On September 4, the top court refused to grant interim bail to Shah in the case and issued a notice seeking NIA's response within two weeks on Shah's plea challenging the high court order.

The Delhi High Court had refused bail to Shah in the case, observing that the possibility of him carrying out similar unlawful activities and influencing witnesses could not be ruled out.

Shah was arrested by the NIA on June 4, 2019.

In 2017, the NIA booked 12 people on conspiracy charges for raising funds to cause disruption by way of pelting stones, damaging public property and conspiring to wage war against the Central government.

Shah was alleged to have played a "substantial role" in facilitating a separatist movement in Jammu and Kashmir by inciting the general public to raise slogans in support of the secession of J-K; paying tribute to the family of slain terrorists or militants by eulogising them as "martyrs"; receiving money through hawala transactions and raising funds via cross-LoC trade, which were allegedly used to fuel subversive and militant activities in J-K.

The high court had observed that the Constitution provides for Right to Freedom of Speech and Expression, but it also places reasonable restrictions to ensure public order, decency, morality or incitement.

The high court had dismissed Shah's appeal against the trial court's July 7, 2023 order refusing him bail. It also rejected his alternate prayer seeking "house arrest", given the serious nature of the charges.

The Delhi High Court had noted that he was chairman of the unlawful organisation Jammu and Kashmir Democratic Freedom Party.

The high court had examined a table elaborating on the 24 pending cases against Shah, indicating his involvement in a number of criminal cases of a similar nature and related to conspiring for the secession of J-K from the Union of India.