Terror funding case: SC to hear Shabir Ahmed Shah's bail plea on Jan 7

The Supreme Court on Thursday said it would hear the bail plea of Kashmiri separatist leader Shabir Ahmed Shah in a terror funding case on January 7.

A bench of Justices Vikram Nath and Sandeep Mehta passed the order after the counsel appearing for the National Investigation Agency (NIA) sought adjournment on the grounds that Solicitor General Tushar Mehta would argue on their behalf.

The bench, while posting the matter for hearing on January 7, made clear that no further adjournment would be granted to the NIA.

Shah has challenged the Delhi High Court's June 12 order denying him bail in the case.

During the hearing on Thursday, the counsel appearing for the NIA said, "The SG (solicitor general) is leading us. He is in a part-heard in court 7. Please have it in January".

Senior advocate Sidharth Luthra, who also appeared for the agency, said the solicitor general would argue the matter.

Senior advocate Colin Gonsalves, who appeared for Shah, said the matter may be listed next week.

"Why January? He is asking for bail. Matter is pending since September. Notice was issued on September 4. Three months have passed," the bench asked the NIA's counsel.

The counsel said Mehta would argue the matter for the NIA.

The bench then asked about the stage of trial in the case.

Luthra said examination of witnesses is going on and around 30 witnesses have been examined so far.

He said 95 witnesses have been dropped and the NIA might trim the number down further.

Gonsalves said there are now 248 witnesses out of which only 30 have been examined.

"One last opportunity is granted to the respondent (NIA). We will have it on January 7. We will say no further time will be granted," the bench said.

When Gonsalves requested that the matter be kept for hearing next week, the bench said, "We can hear it tomorrow. We can hear it today also. We have no difficulty, the difficulty is on the other side".

On September 4, the top court refused to grant interim bail to Shah in the case and issued notice to the NIA seeking its response on his plea challenging the high court order.

The Delhi High Court had refused bail to Shah in the case, observing that the possibility of him carrying out similar unlawful activities and influencing witnesses could not be ruled out.

Shah was arrested by the NIA on June 4, 2019.

In 2017, the NIA booked 12 people on allegations of conspiracy for raising funds to cause disruption 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 the secession of J-K; paying tribute to the family of slain terrorists or militants 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 in J-K.

The high court had dismissed Shah's appeal against the trial court's July 7, 2023 order refusing him bail.

It had also rejected his alternate prayer seeking "house arrest", given the serious nature of the charges.

The high court had noted that he was the chairman of unlawful organisation Jammu and Kashmir Democratic Freedom Party.

The high court had examined a table elaborating on the 24 pending cases against Shah, indicating his involvement in a number of criminal cases of a similar nature and related to conspiring for the secession of J-K from the Union of India.