Supreme Court grants bail to Kashmiri separatist leader Shabir Ahmad Shah in UAPA case

The Supreme Court on Thursday granted bail to Kashmiri separatist leader Shabir Ahmad Shah, who has been in custody in connection with a case involving allegations of terror funding and a conspiracy to secede Jammu and Kashmir from India.

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta granted the relief to Shah.

Shah, who heads the Jammu Kashmir Democratic Freedom Party, was also accused of mobilising violent protests, including incidents of stone-pelting.

The case against him was registered by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA).

According to the NIA, Shabir Ahmad Shah was among several accused, including Yasin Malik and Abdul Rashid Sheikh, who were allegedly members of terrorist organisations and unlawful associations engaged in secessionist activities in Kashmir.

According to the agency, the accused persons allegedly raised and channelled funds for activities linked to separatist mobilisation in the valley.

The investigation also claims that such activities were aimed at furthering secessionist objectives and destabilising the region.

Previously, the Delhi High Court had dismissed Shah’s appeal challenging the rejection of his bail plea by a special court. A High Court Bench of Justices Navin Chawla and Shalinder Kaur had held that the accusations against him prima facie appeared to be true and that he had failed to discharge the burden required for the grant of bail under the UAPA.

The High Court had also held that the right to freedom of speech and expression cannot be misused to deliver inflammatory speeches detrimental to the interests and integrity of the country.

It had emphasised that the right is subject to reasonable restrictions such as public order, decency, morality and incitement to an offence.

Aggrieved, Shah had approached the Supreme Court today, which granted him bail today.