SG Tushar Mehta Opposes Shabir Shah’s Bail in Supreme Court
Supreme Court granted Terrorist Shabir Shah 10 days to file rejoinder after NIA, represented by Solicitor General Tushar Mehta, opposed his bail plea in the 2017 terror funding case
SG Tushar Mehta tells SC that “nobody can say Indian State and J&K” while opposing separatist leader Shabir Shah’s bail plea in NIA terror funding case
The National Investigation Agency (NIA) on Friday opposed the bail plea of Kashmiri separatist leader Shabir Ahmed Shah in the Supreme Court, taking strong objection to the assertion that India and Jammu & Kashmir are separate entities.
Appearing for the NIA, Solicitor General Tushar Mehta told the Bench of Justices Vikram Nath and Sandeep Mehta, “Before the Supreme Court of India, nobody can say Indian State and Jammu and Kashmir. I am making an issue out of it,” while referring to the stand often taken by separatist leaders.
The Court was hearing Shah’s plea challenging the Delhi High Court’s June 12 order denying him bail in a terror funding case.
At the outset, Mehta informed the Bench that the agency had filed its affidavit earlier in the day and clarified that Shah’s claim of being in jail for “over 30 years” was “factually incorrect.”
Senior Advocate Colin Gonsalves, representing Shah, maintained that his client had been in custody for 39 years, and urged for an early hearing citing his deteriorating health.
The Bench granted Shah 10 days to file a rejoinder and listed the matter for hearing on November 10, advancing it from the initially proposed date of November 14 after Gonsalves said Shah was “very sick.”
The Supreme Court had earlier, on September 24, asked the NIA to furnish details of Shah’s custody in other criminal cases, noting that there were around 24 pending cases against him.
Earlier, on September 4, the Supreme Court had refused interim bail to Shah and issued a notice to the NIA seeking its response within two weeks regarding his plea against the high court order.
Shah was arrested by the NIA on June 4, 2019, in connection with a 2017 case registered against 12 individuals for raising funds to disrupt public order and wage war against the central government. According to the agency, Shah allegedly played a “substantial role” in facilitating a separatist or militant movement in Jammu and Kashmir.
As per the prosecution, Shabir Shah, along with several others, conspired to separate Jammu and Kashmir from India. NIA has alleged that he secured funds through illegal hawala channels and cross-LoC trade, delivered inflammatory speeches to incite violence, funded stone pelters, participated in Hurriyat meetings, and glorified slain militants as martyrs. The said actions, as per the prosecution, formed part of a larger conspiracy to wage war against the Indian state and destabilise the region under the garb of a freedom movement.
Before the High Court, Senior Advocate Colin Gonsalves had argued that the name of the appellant appeared for the first time only in the second supplementary chargesheet, and not in the main or the first supplementary chargesheet. He contended that the prosecution has built its case largely on old and recycled video clips. Further, Gonsalves had emphasised that the speeches delivered by Shah did not incite violence and that he was not directly linked to any overt act. Therefore, he contended that Shah should be granted bail.
Opposing the plea before the High Court, Senior Advocate Sidharth Luthra, appearing for the NIA had argued that enough material was on record to support Shah’s role in a well-organised conspiracy to destabilise India through separatist violence. Emphasising the gravity of the offence and national security concerns, Luthra had urged the court to deny bail.
Weighing these contentions, the Court had noted, "..In the present case, the Prosecution has alleged that the Appellant is one of the key conspirators, having attended various meetings in pursuance of the Conspiracy, secured funds through hawala and other illegal channels to propagate violence in J&K, delivered inflammatory speeches, etc..... "
Case Title: Shabir Ahmed Shah v. NIA
Hearing Date: October 31, 2025
Bench: Justice Vikram Nath and Justice Sandeep Mehta
[Inputs: PTI]