SRINAGAR: The Delhi High Court has told the National Investigation Agency (NIA) to provide its perspective regarding a petition from Kashmiri separatist leader Shabir Ahmad Shah.
Shah is seeking bail in connection with a case related to militancy funding.
A bench comprising of Justices Siddharth Mridul and Anish Dayal has issued a notice to the NIA based on an appeal submitted by Shah. This appeal challenges a decision made by a trial court that denied him bail.
The bench has granted NIA some time to submit the necessary documents for consideration. Senior advocate Colin Gonsalves, representing Shah, has requested bail for his client, asserting that the case lacks substantial evidence. Gonsalves argued that there was a lack of material evidence against Shah.
Shah, in his appeal against the trial court’s rejection of his bail application, highlighted his extended period of custody – four years – and expressed concerns about the extended duration the trial process might take.
The appeal contends that the trial court’s decision contradicts legal principles and the overall weight of evidence and probabilities in the case. Shah’s appeal also underscores the significant number of witnesses (over 400) yet to be examined, despite more than four years having passed since his detention.
The NIA’s representative stated their intention to submit the relevant material to the bench.
Back in 2017, the NIA initiated a case against 12 individuals for their alleged involvement in a conspiracy to gather funds aimed at causing disruption. These disruptions included activities such as pelting stones and causing damage to public property. The accused were also alleged to be conspiring to wage war against the Indian government.
Shah was taken into custody in relation to this case on June 4, 2019. In March 2022, the trial court formally charged Shah under various sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA). These sections include 120B, 121, 121A of the IPC, 13 UAPA read with 120B IPC, 15 UAPA r/w 120B IPC, and Sections 17, 18, and 20 of the UAPA.
His application for bail was rejected by the trial court on July 7. The case is set to be heard again on September 12.
