New Delhi: Using only one mobile phone which will always remain switched on, not leaving Delhi without the trial court’s permission and not commenting in the media about the case were some of the conditions imposed by the Supreme Court on Kashmiri separatist leader Shabir Ahmed Shah while granting him bail in a terror funding case.
The apex court also asked Shah to share details of his phone numbers — one mobile and/or one landline — that he can use during the trial period with the special public prosecutor.
Underlining that if the trial was unlikely to conclude within a reasonable time, continued detention could result in curtailment of personal liberty guaranteed under the Constitution, the top court had on March 12 granted bail to 74-year-old Shah, who has been in jail for over eight years in the case.
“Without making any observations on the merits of the case and considering the fact that there are bleak chances of an early disposal of the trial, the prolonged period of custody suffered by the appellant and his advanced age, we are inclined to enlarge the appellant on bail during the pendency of the trial…,” a bench of Justices Vikram Nath and Sandeep Mehta said in its detailed order.
The top court imposed several conditions, in addition to what the trial court may impose, on Shah.
“He shall not leave Delhi without the permission of the trial court. He shall surrender his passport, if any, with the trial court,” the bench said.
It directed him to report to the investigating officer of the NIA once every fortnight, either on Wednesday or Thursday, between 10 am and 11 am.
The bench said Shah shall neither try to influence any witness nor tamper with evidence.
“He shall furnish an undertaking before the trial court that he shall not commit any further offence of a similar nature while being on bail. He shall not make any comment in the media about the present case or his role in the case,” the bench said.
It said in the event of Shah violating any of these conditions, the prosecution would be at liberty to seek cancellation of the bail granted to him.
“The appellant shall file an undertaking before the trial court setting out the conditions mentioned above and additional conditions which may be imposed by the trial court, within three days of his release,” the bench said.
It said Shah would furnish bail bonds as directed by the trial court, upon which he shall be released from custody.
Noting that Shah, who was arrested by the National Investigation Agency (NIA), had been in jail for eight-and-a-half years, the bench said, “Prolonged incarceration of an accused, particularly in circumstances where the trial has made little or no substantial progress, is a relevant factor in adjudicating the matter of bail.”
On September 04 last year, the apex court refused to grant interim bail to Shah in the case and issued notice to the NIA, seeking its response on his plea challenging a Delhi High Court order dated June 12, 2025, that denied him relief.
The high court had refused to grant bail to Shah, observing that the possibility of his carrying out similar unlawful activities and influencing witnesses could not be ruled out.
In 2017, the NIA booked 12 people on allegations of conspiracy for raising funds to disrupt peace 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 Jammu and Kashmir’s secession, paying tributes to the family of slain terrorists 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.
