Mirwaiz welcomes bail for Shabir Shah, seeks relief for other JK detainees

Srinagar: Hurriyat Conference chairman Mirwaiz Umar Farooq on Wednesday welcomed the decision of the Supreme Court of India to grant bail to Kashmiri leader Shabir Ahmed Shah after years of incarceration.

Reacting to the development, Mirwaiz said he welcomed the bail granted to Shah after a prolonged period in custody.

“Alhumdulilah! Welcome the bail granted to Shabir Shah saheb after prolonged incarceration by the Supreme Court. We fervently hope that the courts, in the same spirit, give relief to all political prisoners and youth languishing in jails inside and outside Jammu and Kashmir, bringing cheer to their families and the people of Jammu and Kashmir,” he said.

After spending 39 years in detention across multiple cases without conviction, the Supreme Court on Wednesday granted bail to Shabir Ahmed Shah in a terror-funding case in which he had been in custody for six years, according to Live Law. The court observed that the prolonged delay in the trial could not be justified.

A bench of Justices Vikram Nath and Sandeep Mehta issued the order after hearing Senior Advocate Colin Gonsalves, appearing for Shah, and Senior Advocate Siddharth Luthra, representing the National Investigation Agency (NIA).

Shah was arrested in June 2019 and named as an accused in the second supplementary chargesheet filed by the NIA on October 4, 2019.

The agency alleged that he played a significant role in building a separatist movement in Jammu and Kashmir, paid tributes to families of slain militants and received funds through hawala channels and cross-Line of Control trade that were allegedly used to support militant activities.

Earlier, Shah had challenged a July 7, 2023, order of a special NIA court rejecting his bail plea before the Delhi High Court, but his petition was dismissed.

In his appeal to the Supreme Court, Shah contended that his name did not appear in the main chargesheet or the first supplementary chargesheet outlining the alleged conspiracy. He also cited his prolonged incarceration and the unlikely prospect of an early trial, noting that the prosecution intends to examine nearly 400 witnesses.

The NIA opposed the bail plea, arguing that Shah and other accused had conspired to raise funds aimed at disturbing peace in Kashmir and waging war against the Government of India.

Responding to the court’s decision, Shah’s daughter Sehar Shabir Shah said the order marked the first step toward justice after decades of imprisonment without conviction.

Sajad Lone, president of the Jammu and Kashmir People’s Conference, said he hoped Shah would regain his health and spend time with his family after returning home.

Shah, 70, heads the Democratic Freedom Party and has spent decades in detention under various laws.

He was arrested in June 2017 in connection with an alleged terror-funding case linked to a 2005 money laundering investigation. While he was initially charged only with money laundering, the Enforcement Directorate later broadened the allegations to include terror funding and links with Pakistan. This is the first time he has formally faced criminal charges.

Over the years, Shah has been repeatedly detained under laws such as the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Public Safety Act (PSA), which allow detention without a chargesheet, warrant or prior legal procedures.

This marks his 39th year in detention.

Despite decades of incarceration before trial, the government has yet to secure a conviction against him.

His family has alleged that he endured prolonged imprisonment and communication restrictions while in custody. They also claimed that he faced harassment and degrading treatment by escorting officers during a medical visit to Safdarjung Hospital in May 2025 and that relatives were denied phone contact with him for the past two years or access during medical emergencies.