SC to Hear Separatist Leader Shabir Shah’s Bail Plea in Terror Funding Case on Jan 7

New Delhi, Dec 11: The Supreme Court on Thursday scheduled the hearing of Kashmiri separatist leader Shabir Ahmed Shah’s bail plea in a terror funding case for January 7, firmly stating that no further adjournments would be granted to the National Investigation Agency (NIA).

A bench comprising Justices Vikram Nath and Sandeep Mehta passed the order after the NIA sought more time, citing the unavailability of Solicitor General Tushar Mehta, who is slated to argue the case for the agency.

Despite requests from Shah’s counsel, senior advocate Colin Gonsalves, to list the matter next week, the bench fixed January 7 as the final date, emphasising the prolonged delay since notice was issued in September.

Court Questions Delay; NIA Cites Trial Progress

During the hearing, the bench questioned why the bail matter—pending since September—should be pushed to January, noting that Shah is seeking bail.
Senior advocate Sidharth Luthra, appearing for the NIA, informed the court that the trial is underway, with around 30 witnesses examined. He added that although 95 witnesses have been dropped, the remaining list may be pruned further.
Gonsalves, however, said 248 witnesses are still on record, of which only 30 have been examined so far.

Background of the Case

Shah is challenging the Delhi High Court’s June 12 order denying him bail. The high court had observed that releasing him could risk the possibility of influencing witnesses or engaging in similar activities.

He was arrested by the NIA on June 4, 2019, in connection with a 2017 terror funding case involving allegations of raising funds for stone-pelting, disrupting public order, and aiding separatist activities in Jammu and Kashmir.

According to the NIA, Shah allegedly played a “substantial role” in promoting separatism by:

inciting public sentiments in favour of secession,

eulogising slain militants,

receiving funds via hawala channels, and

using cross-LoC trade to finance subversive activities.

The Delhi High Court had also rejected his plea for house arrest, citing the seriousness of charges and noting his position as chairman of the banned Jammu and Kashmir Democratic Freedom Party, along with 24 pending cases of a similar nature.

Next Hearing on January 7

While the bench expressed readiness to hear the matter immediately, it noted that the delay stemmed from the prosecution’s side.
The Supreme Court has now granted the NIA “one last opportunity”, making clear that no further time will be allowed beyond January 7.