The Delhi High Court on Thursday denied bail to Kashmiri separatist leader Shabir Ahmed Shah. He is in judicial custody in a terrorist funding case registered by NIA in 2017.
The High Court has rejected his appeal. In 2023, his earlier bail application was rejected by the trial court. Justice Naveen Chawla and Shalinder Kaur’s division bench rejected the appeal.
The detailed order will later be uploaded by the High Court during the day. He refused to bail and moved to the High Court against an order from a special NIA court.
It was presented that there were 24 cases against him. In 18 cases, they have been charged-sheet, three cases have been rejected, and the investigation of three cases is pending.
Senior Advocate Colin Gonsalves appeared for the petitioner Shah. He moved to the High Court in 2023.
The trial court rejected its earlier bail plea on 7 July 2023. Earlier in 2023, a notice was issued to the National Investigation Agency (NIA).
He has sought bail in a terrorist funding case registered by NIA in 2017 against various separatist leaders of Jammu and Kashmir.
The petitioner’s counsel has presented that this is a new bail. He has been in custody since 2017, and a charge sheet has been filed against him.
It was presented that the trial court judge had wrongly refused to grant bail to the appellant that this observation, looking at the bar under Section 43D (5) of the UAPA, is a prima facie case set up at the point of framing allegations, the appellant cannot be granted bail.
It was also presented that the trial court ignored the full shortage of material against the appellant, long -term detention, and the fact that no criminality for the commission of crime has been entrusted to the appellant. Not a single criminal act can be held responsible for the appellant.
It was further presented that the appellant is a prestigious political leader in Kashmir, which has established the Jammu and Kashmir Democratic Freedom Party in 1998, with the objectives of demanding the cooperation of people within and outside the state, brotherhood, friendship, and goodwill, religious tolerance, regional and ethnic cooperation, and interlocuting.
The argument stated that the appellant has no mention in the main charge sheet and the first supplementary charge sheet, where all the above allegations have been told, and the investigating agency has shown crimes that were allegedly caused by the said conspiracy.
The investigating agency, in fact, has proceeded to show the interlinage between the charge sheet of the accused person, where there is no mention to the appellant again, the petition said.
The FIR filed due to the alleged conspiracy and the investigation by accused individuals mainly shows the investigation of the plot in the conspiracy, accused Shabir Shah or such a conspiracy or any interlinage inforous, as a conspiracy or conscience.
It has also been presented that the appellant has been included only in the 2nd supplementary charge sheet and was arrested on 04.06.2019.
The argument states that the appellant has been stalled for more than 4 years in the current FIR for more than 4 years and in Kashmir for 35 years and for 35 years in the country and has been stalled for 35 years in addition to a punishment or a punishment against him without a punishment or a house arrest.
On May 30, 2017, the NIA filed a case for alleged conspiracy against 12 accused individuals, which to collect funds for pelting stones, raise funds for disintegration to damage public property and collect funds to collect funds against the Government of India.
The appellant was arrested on 4 June 2019. On October 4, 2019, a second supplementary charge sheet was filed, and the appellant was included as an accused with others.
The allegations against the appellant played an important role in the creation of a separatist/terrorist movement in Jammu and Kashmir, to instigate and instigate the public for the separation of Jammu and Kashmir, to pay homage to the family of the slain terrorists, and through the burnt funds, which were gaining fuel and increasing the fuel which increased the fuel.
It has been alleged that on 26.02.2019, his house was discovered and a lot of dirt material, including documents and electronic items, was seized from his house. Since the formation of JKDFP, accused Shabir Ahmed became the mouthpiece of Pakistan ISI, who was handling it through his Pak/Poke-based representative Mahmud Ahmed Sagar.
It has been further alleged that the CD investigation from his house has revealed many, in which Shabir Shah examples were accused that inflammatory speeches in many places such as Kishtwar, Bhadrawa, Anantnag, Kargil, Ponch etc. had provoked the public to incite slogans against the public. Pelit stones on security forces.
The investigation has also revealed that the accused Shabir Shah was in touch with Pak/PoK-based terrorist leadership, which included Syed Salhuddin and Hafiz Mohammed. Saeed and IFFTIR Hyder Rana, the trial court noted in the order of July 7, 2023.
It has been further alleged that accused Shabir Shah was duly supported by Pakistani agencies through Hurrit. Representatives like Shafi Shire and Mahmud Sagar are located in Pakistan. (AI)
