The National Investigation Agency (NIA) has informed the Supreme Court that Kashmiri separatist leader Shabir Ahmed Shah, who is under scrutiny for alleged terror funding, has spent just over 8 years in custody across approximately 40 criminal cases. This statement contradicts Shah’s claim in his bail application that he has spent 38 years in jail.
According to the NIA’s response filed on Friday, Shah has been in Tihar Jail since his arrest by the Enforcement Directorate in July 2017 concerning a terror funding case. Information obtained from the Jammu & Kashmir police suggests that out of 38 criminal cases against him, he was arrested in only 10 cases for a total of 83 days.
The investigating agency’s submission was reviewed by a bench comprising justices VIkram Nath and Sandeep Mehta. Shah’s legal team, represented by senior advocate Colin Gonsalves and advocate Satya Mitra, asserted that the government had imprisoned him for 38 years due to a speech he made. They also argued that Shah is “very sick” and requires bail. The court has scheduled the next hearing for November 10.
The NIA’s affidavit explicitly states, “The assertion of the petitioner that he has remained in custody for 38 years is false. Even the petitioner has not attempted to substantiate such an assertion with cogent material. The said statement is clearly an attempt to mislead the court purposefully.”
Solicitor General Tushar Mehta, appearing for the NIA, highlighted the gravity of the charges against Shah, particularly referencing a speech that distinguished between the “Indian state” and “Jammu & Kashmir.” He emphasized that the Delhi High Court had previously denied Shah bail on June 12, citing a high likelihood of him engaging in similar unlawful activities and influencing witnesses if released. The Supreme Court had also refused to grant him interim bail in September.
The NIA further stated, “There is sufficient material on record to make out a prima facie case against the petitioner and his involvement in leading violent demonstrations in Kashmir and to instigate the youth in pro-Pakistan slogans and resort to stone pelting on security forces in conspiracy with other accused.”
The affidavit also claimed that the evidence against Shah prima facie supports charges of waging war against the state, along with other offenses under the Indian Penal Code (IPC) and inciting unlawful activities and terror funding under the UAPA. The NIA registered a case against Shah in 2017, took him into custody on June 4, 2019, and filed a charge sheet in Delhi’s Patiala House courts, where the trial is ongoing.
Since the charges were framed in May 2022, 30 witnesses have testified. The NIA noted that any delays are not attributable to the prosecution. Earlier this year, the agency dropped 92 witnesses from a list of 340, with 248 still pending examination. The NIA plans to further reduce this list to expedite the trial.
The case also implicates other individuals, including two designated terrorists: Hafiz Muhammad Saeed, the chief of the banned Lashkar-e-Taiba, and Mohd Yusuf Shah, also known as Salahuddin, the head of the banned Hizb-ul-Mujahideen terror outfit.
The Ministry of Home Affairs (MHA) directed the NIA to investigate in 2017, following credible intelligence that Hafiz Muhammad Saeed, along with secessionist and separatist leaders from the Hurriyat Conference, were collaborating with active militants from proscribed terrorist organizations.
Intelligence indicated that funds were being channeled from across the border through hawala networks to finance separatist and terrorist activities in Jammu and Kashmir.
Investigations revealed Shah’s contact with Pakistan-based terrorists, including Syed Salahuddin and Hafiz Mohammad Saeed. He reportedly paid homage to slain militants, visited their families, shared details of militants killed with Pakistan-based entities, and consistently received funds from them.
Shah was formerly associated with the All Party Hurriyat Conference before establishing his own party, the Jammu & Kashmir Democratic Freedom Party (JKDFP). The NIA stated that his party actively promoted insurgency and unrest in Jammu & Kashmir, encouraging protests, hartals, and attacks on security personnel.
During the investigation, several witnesses attested to Shah’s significant role in fostering the separatist and militant movement in J&K. Incriminating videos were discovered at his premises, suggesting his speeches were intended to support militants and incite anti-India sentiments among the Kashmiri population.
Key Takeaways:
- The NIA claims Shabir Shah has spent only 8 years in custody, disputing his claim of 38 years.
- Shah is accused of terror funding and inciting violence in Jammu & Kashmir.
- The Supreme Court has scheduled a hearing for November 10.
- The case involves Pakistan-based terrorists Hafiz Muhammad Saeed and Mohd Yusuf Shah.