Delhi High Court denies bail to Kashmiri separatist Shabir Shah in 2019 terror funding case

The Delhi High Court on Thursday dismissed the bail plea of Kashmiri separatist leader Shabir Ahmad Shah, who has been in judicial custody since 2019 in connection with a terror funding case being investigated by the National Investigation Agency (NIA). The bench of Justices Navin Chawla and Shailender Kaur upheld the July 2023 order of the trial court that had denied him bail.

In his appeal, Shah stated that he has been imprisoned for over 35 years cumulatively, including long periods of house arrest, without any conviction against him. He argued that the NIA had not named him in the main charge sheet or the first supplementary charge sheet and claimed the trial was unlikely to conclude in the near future.

The NIA arrested Shah in June 2019 and later included him in the second supplementary charge sheet. The agency alleged that Shah conspired to raise and collect funds to disrupt peace in Kashmir and strengthen a separatist network. The accusations include receiving money through hawala channels and using funds sourced via cross-Line of Control (LoC) trade to support subversive and militant activities.

In August 2023, Shah was granted bail in a separate money laundering case related to the same terror funding matter. However, the current case involves charges under the Unlawful Activities (Prevention) Act and the Indian Penal Code, which remain active. The court has not granted relief on these charges.

In May 2022, a Delhi court had framed charges under UAPA and IPC against Shah and other accused, including Nayeem Ahmad Khan and Zahoor Ahmad Shah Watali. On April 9 this year, the Delhi High Court had similarly rejected Khan’s bail plea, who faces related allegations in the same case.