Indian Supreme Court Grants Bail to Kashmiri Leader Shabir Ahmad Shah in Terror Funding Case

India: In a significant development in a high-profile Jammu and Kashmir terror funding case, the Supreme Court of India has granted bail to veteran Kashmiri leader Shabir Ahmad Shah, who has been detained for more than seven years under the stringent Unlawful Activities (Prevention) Act (UAPA).

A bench comprising Justices Vikram Nath and Sandeep Mehta delivered the order today, allowing Shah’s release on bail in the case investigated by the National Investigation Agency (NIA). Shah, the founder of the Jammu Kashmir Democratic Freedom Party (JKDFP) and a prominent figure in the Hurriyat Conference, was arrested on June 4, 2019, as part of a broader probe into alleged funding of separatist activities aimed at conspiring to secede Jammu and Kashmir from India.

The decision comes after prolonged legal battles, including the Delhi High Court’s earlier rejection of his bail plea in June 2025, which cited risks of him resuming unlawful activities or influencing witnesses. Shah had challenged that order before the apex court, arguing prolonged detention without substantial trial progress violated his fundamental rights, including the right to a speedy trial under Article 21 of the Constitution.

During earlier hearings, the Supreme Court had repeatedly questioned the NIA’s reliance on evidence, particularly Shah’s inflammatory speeches from the 1990s recovered during the 2019 investigation. The bench had asked the agency to produce contemporary material linking Shah to ongoing terror funding rather than decades-old statements, noting that “the period of speeches is over in Kashmir” and emphasizing the need for “hard evidence” to justify continued incarceration.

The NIA had opposed bail, citing witness statements, protected witnesses yet to be examined, and allegations of links to funding networks. However, the court’s scrutiny focused on the trial’s slow pace and Shah’s advanced age, now in his mid-70s, alongside his extended pre-trial detention.

Legal experts view the ruling as reinforcing judicial oversight on UAPA cases, where stringent bail conditions often result in lengthy undertrial periods. The order highlights concerns over balancing national security with personal liberty when trials face delays.

Shah’s counsel, including senior advocate Colin Gonsalves in prior arguments, had stressed the absence of fresh incriminating evidence post-arrest and the humanitarian grounds for release.

The case remains part of a larger NIA crackdown on alleged terror financing in the region following the abrogation of Article 370 in 2019.