Breaking: Supreme Court Grants Bail To JKDFP's Shabir Ahmed Shah In Terror Funding Case

A bail plea was filed by Shabir Ahmad Shah, who is currently booked under the Unlawful Activities (Prevention) Act (UAPA) for allegedly conspiring to secede Jammu & Kashmir from India.

The Bench comprising Justice Vikram Nath and Justice Sandeep Mehta heard the matter at length and granted him bail. 

Senior Advocate Colin Gonsalves appeared for Shah, whereas Senior Advocate Siddharth Luthra appeared for NIA.

Today, Gonsalves submitted his rejoinder arguments. He argued that the state has been deliberately evasive regarding the specifics of Shah’s prolonged detention. Gonsalves pointed out that the NIA’s counter-affidavit notably omitted details of Shah’s extensive detention periods. He argued that the defense had limited access to detention orders, which hindered their ability to present a full picture of the "40-year" custody claim.

He emphasized that the sluggish pace of the trial—where only 34 out of 248 witnesses have been examined over several years—is not attributable to Shah. He reiterated that such a delay, under UAPA jurisprudence, creates a strong ground for bail.

The Bench questioned whether Section 207 of the CrPC (supply of copies of statements and documents to the accused) had been fully complied with before the court moved to Section 227 (discharge/framing of charges).

Justice Mehta specifically asked when the inspection of documents was supposed to be completed, suggesting that if the prosecution had not provided all necessary materials to the defense, the delay could not be blamed on the accused.

Accordingly, the Court granted bail to Shah.

Background

Previously, on the last date of hearing, Justice Sandeep Mehta said to Senior Advocate Luthra, "Prima Facie, we are saying, there is no sympathy for people like this, who are involved in such activities. But you have to show those details."

Justice Mehta asked Luthra, "Do you have any CDRs of this case?"

Luthra replied, "No CDR, for this case."

Justice Nath asked, "Tell me name of the Prime Ministers he was with."

While seeing the images of Shah with the ministers and politicians, the Court said, "Vishwanath Pratap Singh, I.K. Gujral, Krishna Chandra Pant, Chandra Shekhar, George Bush, Prem Shankar Jha, and Ram Jethmalani. You are also there Mr. Luthra."

Senior Advocate Colin Gonsalves, representing Shah, argued that his client has spent a cumulative 40 years in and out of detention, with the current stint lasting over six years.

Gonsalves contended that the primary allegations stem from "uncomfortable words" and provocative speeches—the most recent being from 1993—rather than active warfare.

He further noted that Shah was only added in the second supplementary chargesheet and that a key co-accused in the related terror-funding matter, Mr Wani, had already been acquitted.

Countering these arguments, Senior Advocate Siddharth Luthra, appearing for the NIA, asserted that Shah acted as a primary instigator of street violence intended to collapse the local administration.

Luthra presented evidence from protected witnesses alleging that Shah facilitated medical school admissions in Pakistan for Kashmiri students as part of a deeper separatist network.

Addressing the issue of trial delays, Luthra informed the court that the prosecution has already examined 34 witnesses and plans to "prune" the remaining list from 248 down to 150 to expedite the process.

He maintained that any delays were partially attributable to the accused and that the High Court had already addressed and dismissed the concerns regarding the trial's pace.

In September 2025, the Supreme Court, while denying interim bail to Shah, issued notice in the SLP filed by him against the order of the Delhi High Court rejecting the plea for regular bail.

In June 2025, the Delhi High Court had denied bail to Shabir Ahmed Shah. The Court was hearing a Criminal Appeal preferred by Shabir under Section 21 of the National Investigation Agency Act, 2008 (NIA Act), challenging the Order of the Additional Session Judge (ASJ) by which his Bail Application was dismissed.

Cause Title: Shabir Ahmed Shah v. National Investigation Agency [SLP(Crl) No. 13399/2025]