Supreme Court refuses to grant interim bail to Shabir Ahmed Shah

The Supreme Court on Thursday refused to grant interim bail to Kashmiri separatist leader Shabir Ahmed Shah in a terror funding caseA bench of Justices Vikram Nath and Sandeep Nath however issued notice to the National Investigation Agency NIA seeking its response within two weeks on Shahs plea challenging the Delhi High Courts June 12 order denying him bail in the caseSenior advocate Colin Gonsalves appearing for Shah sought interim bail saying that the petitioner was very sickNo interim bail Justice Nath saidAt the outset the bench issued notice on Shahs plea challenging the high court orderI Shah need interim bail Gonsalves saidTo this Justice Nath observed You should be released today itselfGonsalves then requested for early hearing on Shahs plea The bench posted the matter for hearing after two weeksThe high court had refused to grant him bail in the case observing the possibility of him carrying out similar unlawful activities and influencing witnesses couldnt be ruled outShah was arrested by the NIA on June 4 2019In 2017 the NIA registered a case against 12 persons on allegations of conspiracy for raising and collecting funds for causing disruption by way of pelting stones damaging public property and conspiring to wage war against the Government of IndiaShah was alleged to have played a substantial role in facilitating a separatist or militant movement in Jammu and Kashmir by inciting and instigating the general public to sloganeering in support of the secession of JK paying tribute to the family of slain terrorists or militants by eulogising them as martyrs receiving money through hawala transactions and raising funds through LoC trade which were allegedly used to fuel subversive and militant activities in JKThe high court had said the Constitution provides for a right to freedom of speech and expression but it also places reasonable restrictions such as public order decency morality or incitement to an offenceThis right cannot be misused under the garb of carrying out rallies wherein a person uses inflammatory speeches or instigates the public to commit unlawful activities detrimental to the interest and integrity of the country the high court had saidIt had dismissed Shahs appeal against the trial courts July 7 2023 order refusing him bailThe high court had also rejected Shahs alternate prayer seeking house arrest given the serious nature of chargesIt had noted he was the chairman of the unlawful organisation Jammu and Kashmir Democratic Freedom Party JKDPFThe high court had examined a table elaborating on the 24 pending cases against Shah indicating his involvement in a number of criminal cases of similar nature and relating to conspiring for the secession of JK from the union of IndiaThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever