The Supreme Court has granted bail to Kashmiri separatist leader Shabbir Ahmed Shah in a terror funding case, saying continued detention could lead to violation of personal liberty if the trial is unlikely to conclude on time.
The bench of Justice Vikram Nath and Justice Sandeep Mehta, in its order dated March 12, said that there is little possibility of a quick disposal of the case and Shabbir Shah has been in custody for a long time. However, the bench has also imposed strict bail conditions on Shabbir Shah, including an order not to make any comments to the media regarding the case.
National Investigation Agency (NIA) arrested Shabbir Shah on June 4, 2019. The bench said, ‘Shabbir Ahmed Shah has been in imprisonment for more than eight years. Prolonged detention of an accused, especially in circumstances where there has been little or no real progress in the trial, is an important factor in deciding bail matters.’
The order underlined that if the trial is not likely to conclude on time, continued detention may lead to violation of personal liberty guaranteed in the Constitution. The Supreme Court said, ‘Without commenting on the merits of the case and considering that there is little possibility of a speedy disposal of the trial and keeping in mind the long period of custody of the appellant and his old age, we are inclined to grant bail to the appellant during the pendency of the trial.’
The bench said that Shabbir Ahmed Shah will submit an affidavit before the trial court that while on bail, he will not commit any other crime of similar nature and will not make any comment in the media about his role in the present case. The order said that if Shabbir Ahmed Shah violates any bail condition, the prosecution can request to cancel the relief granted to him.
The bench passed this order after hearing the arguments of senior advocate Colin Gonsalves on behalf of Shabbir Shah. Senior advocate Siddharth Luthra appeared on behalf of NIA. During the hearing, the bench pointed out several inconsistencies in the trial and also underlined the long detention of Shabbir Shah.
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