No Interim Bail: Supreme Court Issues Notice In JKDFP Leader Shabir Ahmed Shah's Bail Plea

Today, the Supreme Court, while denying interim bail to Shabir Ahmed Shah, leader of Jammu Kashmir Democratic Freedom Party (JKDFP), issued notice in SLP filed by him against the order of Delhi High Court rejecting plea for regular bail.

Earlier, the Delhi High Court denied bail to Shah who has been accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA).

The Bench of Justice Vikram Nath and Justice Sandeep Mehta was hearing the matter and issued notice.

At the outset, the Bench issued notice in Shah's plea for bail.

Senior Advocate Colin Gonsalves, appearing for Shah, sought interim bail. However, Justice Nath immediately refused the same.

Gonsalves continued to suggest that the condition of bail should be that Shah would remain at home as his "days of speeches are over".

Justice Nath remarked, "No interim Bail."

Upon which, Gonsalves continued to submit that Shah has been very sick.

Accordingly, the matter will be listed after two weeks.

Background

Shah was accused of having a a substantial role in facilitating a separatist/militant movement in the J&K by inciting and instigating the general public to chant slogans in support of the secession of the J&K, paying tribute to the family of slain terrorists/militants by eulogizing them as ‘martyrs’, receiving money through hawala transactions and raising funds through the LoC trade, which were allegedly used to fuel subversive and militant activities in the J&K.

The Delhi High Court, while denying bail to Shah observed, "In case the Appellant was involved in unlawful activities, the same cannot be termed as lawful merely because the organization he was heading was at the time, not declared an unlawful association. … Furthermore, while it is submitted that the Appellant by virtue of being the Chairman of the organization, he had met several prominent political leaders, perhaps in pursuit of a peaceful resolution for Kashmir, this fact, in itself, does not assist the Appellant’s case.”

The Delhi High Court also said that though Shah has been in custody for five years, the charges have already been framed and the trial was underway and there was no delay on the part of the prosecution for not examining its witnesses.

Cause Title: Shabir Ahmed Shah V. National Investigation Agency (SLP(Crl) No. 13399/2025 II-D)