Srinagar: While granting bail to Kashmiri separatist leader Shabir Shah, keeping in view his age, eight years spent in jail and the slow progress of the trial, the Supreme Court has imposed strict bail conditions on him.
The bail order states that Shah will use only one mobile phone, which must remain switched on at all times. He will not leave Delhi without the trial court’s permission and will not comment in the media about the case.
The Supreme Court also directed that Shah must share with the special public prosecutor the details of the phone numbers, one mobile and/or one landline, that he is permitted to use during the trial period.
Underlining that continued detention could curtail personal liberty guaranteed under the Constitution if the trial was unlikely to conclude within a reasonable time, the top court had on March 12 granted bail to the 74 year old, who has been in jail for over eight years.
“Without making any observations on the merits of the case and considering the fact that there are bleak chances of an early disposal of the trial, the prolonged period of custody suffered by the appellant and his advanced age, we are inclined to enlarge the appellant on bail during the pendency of the trial,” a bench of Justices Vikram Nath and Sandeep Mehta said in the detailed order.
The court imposed several conditions in addition to those that the trial court may impose.
“He shall not leave Delhi without the permission of the trial court. He shall surrender his passport, if any, to the trial court,” the bench said. It directed him to report to the NIA investigating officer once every fortnight, on Wednesday or Thursday, between 10 a.m. and 11 a.m.
The bench said Shah shall neither try to influence any witness nor tamper with evidence.
“He shall furnish an undertaking before the trial court that he shall not commit any further offence of a similar nature while being on bail. He shall not make any comment in the media about the present case or his role in the case,” the bench said.
The order added that if Shah violated any of these conditions, the prosecution would be free to seek cancellation of bail.
“The appellant shall file an undertaking before the trial court setting out the conditions mentioned above and additional conditions which may be imposed by the trial court, within three days of his release,” the bench said.
It said Shah would furnish bail bonds as directed by the trial court, after which he would be released from custody.
Noting that Shah, who was arrested by the National Investigation Agency (NIA), had been in jail for eight and a half years, the bench said prolonged incarceration, particularly when the trial has made little or no progress, is a relevant factor in deciding bail.
On September 4, 2025, the apex court refused to grant interim bail to Shah and issued notice to the NIA, seeking its response to his plea challenging a Delhi High Court order dated June 12, 2025, which denied him relief.
The high court had refused bail, observing that the possibility of Shah carrying out similar unlawful activities and influencing witnesses could not be ruled out.
In 2017, the NIA booked 12 people on allegations of conspiracy for raising funds to disrupt peace by pelting stones, damaging public property and conspiring to wage war against the central government.
Shah was accused of playing a “substantial role” in facilitating a separatist movement in Jammu and Kashmir by inciting the public to raise slogans supporting secession, paying tributes to families of slain terrorists by eulogising them as “martyrs”, receiving money through hawala transactions and raising funds via cross LoC trade, which were allegedly used to fuel subversive and militant activities.
(IANS)
