SRINAGAR: The Supreme Court of India has granted bail to Kashmiri separatist leader Shabir Shah in a terror-funding case, imposing stringent conditions including restrictions on his movement, communication, and public statements during the pendency of the trial.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta, which allowed Shah’s bail plea on March 12, directed that he shall not leave Delhi without prior permission of the trial court and must surrender his passport, if any. The court also barred him from making any comments in the media regarding the case or his alleged role in it.
As part of the bail conditions, the court instructed that Shah shall use only one mobile phone or landline number, the details of which must be shared with the Special Public Prosecutor. The device must remain switched on at all times.
The Bench further directed Shah to report to the investigating officer of the National Investigation Agency once every fortnight, either on Wednesday or Thursday, between 10 am and 11 am. He has also been restrained from influencing witnesses or tampering with evidence and has been asked to furnish an undertaking that he will not commit any similar offence while on bail.
The apex court granted relief to Shah, noting his prolonged incarceration and delays in the trial. “Bail granted. You will get a detailed order,” the Bench had said while allowing his petition on March 12.
During the hearing, the court expressed concern over the delay in proceedings, observing that Shah had remained in custody for nearly eight years in the present case, with cumulative incarceration extending much longer across multiple cases.
In its detailed order, the court noted that there were “bleak chances of an early disposal of the trial” and cited Shah’s advanced age as a factor in granting bail, while clarifying that no observations were being made on the merits of the case.
Shah, a 74-year-old separatist, was arrested by the NIA on June 4, 2019, under provisions of the Unlawful Activities (Prevention) Act, 1967, and the Indian Penal Code.
Senior advocate Colin Gonsalves, appearing for Shah, had argued that the slow pace of the trial—where only 34 out of 248 witnesses have been examined—could not be attributed to the accused.
The case pertains to alleged terror-funding activities, and the trial remains ongoing.
