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Shah was arrested in the matter on June 4, 2019, for alleged conspiracy to raise and collect funds for causing disruption by way of pelting stones, damaging public property, and conspiring to wage war against the government of India
The Delhi High Court on Tuesday directed the National Investigation Agency (NIA) to file all relevant documents within 10 days in Kashmiri Separatist leader Shabir Ahmed Shah's bail plea in a terror funding case lodged by it in 2017.
Shah has challenged the order of the trial court denying him bail in the case vide order dated July 7, 2023.
During the hearing, Senior Advocate Colin Gonsalves, on behalf of Shabir Ahmed Shah submitted, “This is a bail application. I want to argue today. 6 years in jail, 400 witnesses out of which 15 have been examined and I am aged 74 years...I should be granted bail. But to satisfy your conscious I am going to show a case of no material at all”.
Justice Siddharth Mridul asked the counsel for NIA, “What documents were you directed to place on record? Last time you asked for some time to file something on record. When will you do it? It’s been quite some time now”.
Special Public Prosecutor (SPP) Akshai Malik appearing for NIA said, “We wanted to file a compilation report of all the documents we wish to rely on”.
Court said, "This is a question of personal liberty".
"You file it if you want or we'll go ahead and hear it. Mr. Akshai Malik seeks time to file relevant documents on record. He is granted 10 days", the bench also comprising Justice Anish Dayal ordered.
The matter has been listed for further consideration on September 22.
Notably, on August 7, the bench had issued notice on Shah’s plea and sought response of the NIA.
The court had ordered, “Issue notice. Mr. Akshai Malik, SPP NIA accepts notice. Let relevant documents be placed on record, within 2 weeks from today, with advance copies".
In his appeal assailing the trial court order rejecting his bail application, Shah said that he has been in custody for four years and the trial would take a long time to conclude.
"The impugned order of the Learned Additional Sessions Judge is contrary to law weight of evidence and probabilities of the case. The appellant has been languishing in jail in the present case for four years, with over 400 witnesses to be examined and only 15 witnesses having been examined till date in over four years," the appeal said.
Shah was arrested in the matter on June 4, 2019.
In 2017, the NIA had registered a case against 12 persons, including Shabir Ahmed Shah for alleged conspiracy to raise and collect funds for causing disruption by way of pelting stones, damaging public property and conspiring to wage war against the government of India.
In March 2022, the trial court framed charges against the appellant under Sections 120B, 121, 121A IPC, 13 UAPA read with 120B IPC, 15 UAPA r/w 120B IPC, and Sections 17, 18, 20 UAPA for allegedly conspiracy to raise and collect funds for causing disruption and conspiring to wage war against the government of India.
The NIA Court in May 2022, framed charges against Watali and other Kashmiri separatist leaders namely Farooq Ahmed Dar@ Bitta Karate, Shabbir Shah, Masarat Alam, Md. Yusuf Shah, Aftab Ahmad Shah, Altaf Ahmad Shah, Nayeem Khan, Md. Akbar Khanday, Raja Mehrajuddin Kalwal, Bashir Ahmad Bhat, Shabir Ahmad Shah, Abdul Rashid Sheikh, and Naval Kishore Kapoor under various Sections of IPC and UAPA.
Case Title: Shabir Ahmed Shah v. National Investigation Agency
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