The Supreme Court has directed the National Investigation Agency (NIA) to submit details of separatist leader Sabbir Shah’s custody in connection with the Jammu and Kashmir terror funding case.
A Bench comprising Justices Vikram Nath, Sandeep Mehta, and NV Anjaria asked the NIA to file a response affidavit within four weeks. The Court scheduled the next hearing for October 31.
Shah approached the Supreme Court after the Delhi High Court rejected his bail petition. The Court noted that he faces a total of 24 cases, with the majority alleging serious offences.
Sabbir Shah was arrested by the NIA in 2019 and has been lodged in Tihar Jail for the past six years.
Senior counsel Colin Gonsalves, representing Shah, argued that authorities have not secured any conviction against him so far. Of the 24 cases, prosecutors allege his direct involvement in 18, three remain pending, and authorities have dismissed three.
Gonsalves highlighted that the NIA’s charge sheet lists 400 witnesses, but authorities have examined only 15 so far. He contended that the prolonged nature of the trial warrants the grant of bail.
NIA Opposes Bail
The NIA opposed Shah’s release, describing the offences as grave.
Authorities allege that Shah actively funded terrorism to foment unrest in Kashmir and maintained links extending to Pakistan.
Shah maintained contact with Hafiz Saeed, chief of Jamaat-ud-Dawa, according to reports.
Currently, Shah remains in Tihar Jail in two cases, facing charges under terror funding laws, while the Enforcement Directorate has also filed a case against him under money laundering laws.
The Supreme Court’s directive to obtain custody details emphasises the seriousness of the case while allowing the defence to present its arguments.
Legal experts note that the extensive investigation, large number of witnesses, and ongoing proceedings may influence the Court’s consideration of bail.
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