New Delhi: The Supreme Court on Wednesday asked the National Investigation Agency (NIA) to furnish details relating to the custody of Kashmiri separatist leader Shabir Ahmed Shah — accused in a terror funding case — in other criminal cases against him.
A bench of Justices Vikram Nath, Sandeep Mehta and N V Anjaria said that, probably, there were 24 cases against Shah.
The bench was hearing Shah’s plea challenging the Delhi High Court’s June 12 order denying him bail in the terror funding case.
The counsel appearing for the NIA said the top court had on September 4 issued a notice on Shah’s plea and the agency needed some time to file its counter affidavit.
The bench granted four weeks to the NIA to file its affidavit.
“Please provide us the status of custody in other cases also. He is facing trial in probably 24 cases,” the bench said.
It said the counter affidavit to be filed by the NIA would specifically contain the facts relating to Shah’s custody in other criminal cases.
The bench posted the matter for hearing on October 31.
On September 4, the top court refused to grant interim bail to Shah in the case.
It had issued a notice to the NIA seeking its response within two weeks on Shah’s plea challenging the high court’s order.
Earlier, the high court had refused to grant bail to Shah in the case, observing that the possibility of his carrying out similar unlawful activities and influencing witnesses couldn’t be ruled out.
Shah was arrested by the NIA on June 4, 2019.
In 2017, the NIA registered a case against 12 people on the allegations of conspiracy for raising and collecting funds for causing 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 or militant movement” in Jammu and Kashmir by inciting and instigating the general public to sloganeering 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 through LoC trade, which were allegedly used to “fuel subversive and militant activities” in J&K.
The high court had said the Constitution provides for a right to freedom of speech and expression, but it also places reasonable restrictions such as public order, decency, morality or incitement to an offence.
“This right cannot be misused under the garb of carrying out rallies wherein a person uses inflammatory speeches or instigates the public to commit unlawful activities, detrimental to the interest and integrity of the country,” the high court had said.
It had dismissed Shah’s appeal against the trial court’s July 7, 2023, order refusing him bail. It also rejected Shah’s alternate prayer seeking “house arrest” given the serious nature of the charges.
The court had noted that he was the chairman of the unlawful organisation Jammu and Kashmir Democratic Freedom Party (JKDPF).
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 relating to conspiring for the secession of J&K from the Union of India.
