Supreme Court to Hear Shabir Shah’s Bail Plea in Terror Funding Case on January 13

Shabir Shah

The Supreme Court of India on Wednesday said it will hear the bail plea of Kashmiri separatist leader Shabir Ahmed Shah on January 13 in a terror funding case.

The matter came up before a bench of Justices Vikram Nath and Sandeep Mehta. Senior advocate Colin Gonsalves appeared on behalf of Shah. However, senior advocate Sidharth Luthra, representing the National Investigation Agency, said he was facing personal difficulty and requested more time.Click Here To Follow Our WhatsApp Channel

The bench noted that it also had limited time and decided to list the case for hearing next week, fixing January 13 as the date.

Shah has challenged the Delhi High Court order of June 12 last year, which denied him bail. Earlier, the Supreme Court had refused to grant him interim bail and sought a response from the NIA.

The NIA told the court that the examination of witnesses is still ongoing. The High Court had earlier rejected Shah’s bail plea, stating that there was a risk of him repeating unlawful activities or influencing witnesses.

Shabir Shah was arrested by the NIA on June 4, 2019. He is accused of playing a major role in raising funds through hawala and other channels to support separatist and militant activities in Jammu and Kashmir. The High Court also rejected his request for house arrest, citing the serious nature of the charges and his alleged links to an unlawful organisation.

The case relates to a 2017 NIA investigation in which several people were booked for conspiracy to disturb law and order and wage war against the Government of India.

Supreme Court Denies Interim Bail to Kashmiri Separatist Leader Shabir Shah in Terror Funding Case

Separatist Leader Shabir Shah

The Supreme Court on Thursday declined interim bail to Kashmiri Separatist Leader Shabir Ahmed Shah in a terror funding case.A bench of Justices Vikram Nath and Sandeep Mehta also issued notice to the NIA and sought its response in two weeks.

Shah has approached the top court, filing an appeal against the Delhi High Court’s June 12 order, which denied him bail in an alleged case of terror funding.

Senior advocate Colin Gonsalves, appearing for Shah, sought interim bail, saying that he was very sick. However, the bench refused to grant him interim bail and posted the matter for hearing after two weeks.

Observing the possibility of Shah carrying out similar unlawful activities and influencing witnesses couldn’t be ruled out, the High Court refused to grant him bail in the case.

Shah was arrested by the NIA on June 4, 2019.
In 2017, the NIA registered a case against 12 persons on allegations of conspiracy for raising and collecting funds for causing disruption by way of pelting stones, damaging public property and conspiring to wage war against the government of India. (ANI)

Delhi HC issues Notice on Separatist Leader Shabir Shah’s Plea Seeking Resumption of Telephone Facility in Custody

Shabir Shah’

The Delhi High Court on Friday issued notice on the plea of Kashmiri separatist leader Shabir Ahmad Shah who is lodged in Tihar jail in a terror funding case lodged by the NIA.

He has challenged a circular requiring an NOC from the investigating agency for availing telephone and E-Mulaqat facility in Tihar Jail.
Justice Jasmeet Singh issued notice on the plea and directed authorities to file a reply within four weeks.

The matter has been listed on February 13. Shabir Ahmad Shah has approached the High Court for resumption of telephone and E Mulaqat facility which has been stopped in view of a circular requiring an NOC from the prosecuting agency.
A petition has been filed through advocate Prashant Prakash. Advocate MS Khan argued that earlier the facility was there. However, it was withdrawn after the issuance of the circular. Senior advocate Siddharth Luthra appeared for the NIA and submitted that this issue is not connected with the NIA.

It is well connected with the DIG Range prior permission/NOC is required for availing the telephone and E Mulaqat facility.

He urged the court to implead Commissioner of Police Delhi to implead as the party. On the other hand, the Petitioner’s counsel argued that the NOC of the prosecuting agency is required which is NIA in this case.

The petitioner has stated that the Delhi Government on April 22, 2024, issued the Circular whereby introducing certain clarifications ostensibly in order to bring uniformity in all prisons of Delhi regarding the extension of phone calls and E-Mulaqat facility to the inmates.

It is further stated that on May 22, 2024, the NIA, issued an Addendum to the Circular of April 22, 2024, with further clarifications, inter alia clarifying that E Mulakat and Telephone facility on or after April 22, 2024, should be allowed only after receipt of NOC from the Investigating Agency and the prisoners already availing the facility, the said facility will remain in force till NOC from the Investigating Agency is obtained.

It is also stated that on May 24, 2024, a reply was given by the National Investigation Agency (NIA) whereby they did not give consent for providing E-Mulaqat and calling facility to the Petitioner.

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