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Time of India
a day ago
- Politics
- Time of India
Delhi HC refuses bail to separatist Shabir Shah in terror funding case
Representative image NEW DELHI: Delhi HC Thursday refused to grant bail to Kashmiri separatist Shabir Ahmad Shah in a terror funding case, citing the possibility of him carrying out similar unlawful activities and influencing witnesses. The court also rejected Shah's alternative prayer seeking "house arrest." Shah, arrested by NIA in 2019, had moved HC against trial court's July 7, 2023 order refusing him bail. "This right (to freedom of speech) cannot be misused under the guise of carrying out rallies wherein a person uses inflammatory speeches or instigates public to commit unlawful activities, detrimental to the interest and integrity of the country," Justices Navin Chawla and Shalinder Kaur observed. NIA booked Shah among 12 people in 2017 for allegedly conspiring to collect funds to cause disruption through stone pelting, and conspiring to wage war against India.
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Business Standard
2 days ago
- Politics
- Business Standard
Terror funding case: HC rejects bail plea of separatist leader Shabir Shah
The Delhi High Court on Thursday dismissed a plea by Kashmiri separatist leader Shabir Ahmad Shah seeking bail in a terror funding case. A bench of Justices Navin Chawla and Shalinder Kaur pronounced the verdict while rejecting Shah's appeal challenging a trial court's July 7, 2023 order refusing to grant him bail. "The present appeal is dismissed," the bench said. The detailed order is awaited. The high court in August 2023 sought response of the National Investigation Agency (NIA) on Shah's appeal. Shah's counsel has sought bail on behalf of the appellant on the grounds that "it was a no material case". In his 2023 appeal assailing the trial court order rejecting his bail application, the appellant said he has been in custody for four years and the trial would take a long time to conclude. "The impugned order of the additional sessions judge is contrary to law weight of evidence and probabilities of the case. The appellant has been languishing in jail in the present case for four years, with over 400 witnesses to be examined and only 15 witnesses having been examined till date in over 4 years," the appeal said. In 2017, NIA had registered a case against 12 persons for 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 India. Shah was arrested in the case on June 4, 2019. In March 2022, the trial court framed charges against the appellant for allegedly conspiring to raise and collect funds for causing disruption and conspiring to wage war against the government of India. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
India Gazette
2 days ago
- Politics
- India Gazette
Delhi HC rejects Shabir Ahmed Shah's bail plea in NIA case
New Delhi [India], June 12 ( ANI): The Delhi High Court denied bail on Thursday to Kashmiri separatist leader Shabir Ahmad Shah. He is in judicial custody in a terror funding case lodged by the NIA in 2017. The high court has dismissed his appeal. In 2023, the trial court had dismissed his earlier bail application. The division bench of Justices Navin Chawla and Shalinder Kaur dismissed the appeal. The detailed order will be uploaded later in the day by the High Court. He had moved to the High Court against an order of a special NIA court denying bail. It was submitted that there were 24 cases against him. In 18 cases, he has been charge-sheeted, three cases have been dismissed, and three cases are pending investigation. Senior advocate Collin Gonsalves appeared for the petitioner Shah. He moved to the High Court in 2023. The trial court dismissed his earlier bail plea on July 7, 2023. Earlier in 2023, a notice was issued to the National Investigation Agency (NIA). He has sought bail in a terror funding case lodged by the NIA in 2017 against various separatist leaders of Jammu and Kashmir The counsel for the petitioner has submitted that it is a fresh bail application. He has been in custody since 2017, and the charge sheet has been filed against him. It was submitted that the trial court judge erroneously declined to grant bail to the appellant herein by observing that, given the bar under Section 43D(5) of UAPA and there being a prima facie case established at the point of framing charges, the appellant could not be granted bail. It was also submitted that the trial Court ignored the complete lack of material against the appellant, the prolonged period of custody undergone, and the fact that no criminality for the commission of the offence is assigned to the appellant. Not a single criminal act can be attributed to the appellant. It was further submitted that the Appellant is a reputed political leader in Kashmir, having founded the Jammu and Kashmir Democratic Freedom Party in 1998 with the objectives of seeking the cooperation of people from within and outside the state, inculcating brotherhood, friendship, and goodwill, cultivating religious tolerance, regional and ethnic cooperation, and interaction. The plea said that the appellant finds no mention in the main chargesheet and the first supplementary chargesheet where all the aforementioned allegations have been stated, and the Investigation Agency has shown the offences that allegedly occurred due to the said conspiracy. The Investigation agency has, in fact, gone on to show the interlinkage between the accused person's charge sheet, where again the appellant finds no mention, the plea said. The FIR that was registered owing to the alleged conspiracy and the investigation showing the execution of the conspiracy in the main chargesheet by the accused persons admittedly does not find mention of accused Shabir Shah or his connivance in such conspiracy or any interlinkage insofar as the conspiracy or execution of the conspiracy is concerned. It is also submitted that the Appellant has only been included in the 2nd supplementary chargesheet and was arrested in pursuance of the same on 04.06.2019. The plea has stated that the Appellant has been incarcerated for over 4 years in the present FIR and intermittently for 35 years in different prisons in Kashmir and the country apart from being under house arrest for a substantial period, without a single conviction or charge against him. On May 30, 2017, NIA registered a case against 12 accused persons for alleged conspiracy to raise and collect funds for causing disruption by way of pelting stones, damaging public property, and thereby conspiring to wage war against the government of India. The appellant was arrested on June 4, 2019. In October 4, 2019, a Second Supplementary chargesheet was filed, and the appellant was included as an accused along with others. The allegations against the appellant included him playing a key role in building a separatist/militant movement in Jammu and Kashmir, inciting and instigating masses to shout slogans for secession of Jammu and Kashmir, paying tribute to family of slain terrorists, receiving money through hawala transactions, and raising funds through LOC trade which were used to fuel subversive and militant activities in Jammu and Kashmir. It is alleged that on 26.02.2019, his house was searched and a lot of incriminating material, including documents and electronic items, was seized from his house. Since the formation of JKDFP, the accused Shabir Ahmad became the mouthpiece of Pak ISI, which had been handling him through his Pak/POK-based representative Mehmood Ahmed Sagar. It is further alleged that the scrutiny of CDs recovered from his house has revealed numerous wherein accused Shabir Shah instances had made inflammatory speeches at several locations such as Kishtwar, Bhadarwa, Anantnag, Kargil, Poonch etc instigating the masses to shout slogans for secession of Jammu and Kashmir from the Union of India and created surcharged atmosphere against Government of India that people started pelting stones on the security forces. Investigation has also revealed that the accused Shabir Shah was in touch with Pak/POK-based militant leadership, including Syed Salahuddin and Hafiz Mohd. Saeed and Iftikar Haidar Rana, the trial court had noted in the order of July 7, 2023. It is further alleged that the accused Shabir Shah was duly supported by Pakistani agencies through the Hurriyat. Representatives such as Shafi Shair and Mehmood Sagar are based in Pakistan. (ANI)
Hindustan Times
2 days ago
- Politics
- Hindustan Times
Delhi high court rejects Kashmiri separatist Shabir Ahmad Shah's bail plea
The Delhi high court on Thursday denied bail to Kashmiri separatist leader Shabir Ahmad Shah, who has been jailed in connection with a terror funding case since 2019. 'The present appeal is dismissed,' said a bench of justices Navin Chawla and Shailender Kaur, pronouncing the operative part of the order. Shah moved the court against a Delhi court's July 2023 order denying him bail. In his plea, Shah said the National Investigation Agency (NIA) did not name him in the main and the first supplementary charge sheet. He said he had been incarcerated for over seven years, and there was no likelihood of the trial concluding soon. Shah pleaded that he has been in different prisons for 35 years, apart from being under house arrest for a substantial period, without a conviction or charge against him. In August last year, a Delhi court granted Shah bail in the money laundering matter related to the terror funding case. The NIA arrested Shah in June 2019 and arraigned him as an accused in the second supplementary charge sheet, alleging he conspired to raise and collect funds for disruptions in Kashmir and played a key role in building a separatist movement. Shah is accused of receiving money through hawala and raising funds through cross-Line of Control trade and fuelling subversive and militant activities. In May 2022, the Delhi court framed charges under the Unlawful Activities (Prevention) Act and the Indian Penal Code against Shah, another separatist leader, Nayeem Ahmad Khan, and Zahoor Ahmad Shah Watali. On April 9, the high court rejected Khan's bail plea in the same case, saying his release could threaten India's unity, integrity, and security, since he raised funds for terrorist organisations to propagate secessionist activities and create unrest.
Time of India
2 days ago
- Politics
- Time of India
Terror funding case: HC dismisses bail plea of Kashmiri separatist leader Shabir Shah
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel The Delhi High Court on Thursday dismissed a plea by Kashmiri separatist leader Shabir Ahmad Shah seeking bail in a terror funding case A bench of Justices Navin Chawla and Shalinder Kaur pronounced the verdict while rejecting Shah's appeal challenging a trial court 's July 7, 2023 order refusing to grant him bail."The present appeal is dismissed," the bench detailed order is high court in August 2023 sought response of the National Investigation Agency (NIA) on Shah's counsel has sought bail on behalf of the appellant on the grounds that "it was a no material case".In his 2023 appeal assailing the trial court order rejecting his bail application, the appellant said he has been in custody for four years and the trial would take a long time to conclude."The impugned order of the additional sessions judge is contrary to law weight of evidence and probabilities of the case. The appellant has been languishing in jail in the present case for four years, with over 400 witnesses to be examined and only 15 witnesses having been examined till date in over 4 years," the appeal 2017, NIA had registered a case against 12 persons for 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 was arrested in the case on June 4, March 2022, the trial court framed charges against the appellant for allegedly conspiring to raise and collect funds for causing disruption and conspiring to wage war against the government of India.
