Terror Funding Case: NIA Flags “New Facts” in Shabir Shah’s Bail Plea, SC Allows 3 Weeks to Respond

The Bench of Justices Vikram Nath and Sandeep Mehta granted three weeks time to NIA to file response on the rejoinder counter affidavit.

Appearing for the NIA, Solicitor General Tushar Mehta, assisted by Senior Advocate Siddharth Luthra, informed the Court that the petitioner had filed a rejoinder affidavit only two days earlier, adding new claims not presented before the Jammu & Kashmir High Court. “It talks of some confinement. I would like to verify those facts,” Mehta told the Bench.

The Solicitor General highlighted that such claims needed careful scrutiny, stressing that Shah’s conduct and associations over the years showed deep involvement in activities detrimental to national security. He further submitted, “The accused had connections with Pakistan-based terrorists and was extending financial assistance to them.”

Senior Advocate Colin Gonsalves, representing Shah, alleged that multiple detention orders were issued unlawfully and that Shah’s family had not been provided copies of such orders. However, the bench expressed skepticism, questioning why such contentions were being raised at the stage of bail.

Justice Mehta pointedly remarked, “You ask the government to provide you the details. Why ask in bail proceedings? It’s over 50 years.” When Gonsalves replied that he sought records only from 1970 onwards, Justice Nath observed, “That is also 55 years.”

Dismissing attempts to downplay Shah’s actions, Justice Mehta reminded the defence, “Pelting of stones in this State (Jammu & Kashmir) is not a very ordinary action,” underlining the court’s view that such acts, in a sensitive region, carry serious implications.

Supporting the NIA’s stance, Solicitor General Mehta reiterated that the agency needed time to verify the newly filed affidavit, which, according to him, annexed previously undisclosed documents and claims.

Granting the prayer, the Bench noted in its order: “Mr. Mehta, learned Solicitor General, prays for three weeks’ time to file a response to the rejoinder affidavit filed by the petitioner as, according to him, some new facts and documents have been annexed. Time prayed for is allowed.”

Previously, Solicitor General Tushar Mehta had told the Bench, “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.

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.