JAMMU: A special NIA court in Jammu has rejected the bail application of separatist leader Shabir Ahmad Shah in a case stemming from a 1996 FIR concerning violence, stone-pelting and firing at police personnel during a funeral procession in Srinagar.
While dismissing the bail plea, Special Judge Prem Sagar said the application “needs no consideration at this stage”, noting a “well-founded apprehension” that Shah could resume such activities if released, posing a threat to national security and public order.
Shah, 73, was arrested by the National Investigation Agency (NIA) in April in connection with the three-decade-old terror case involving mob violence and firing at police personnel during a militant’s funeral at Naaz Crossing in Srinagar. His arrest came shortly after he was granted bail following nearly seven years in custody in other NIA cases, including a terror-funding case.
During the hearing on October 6, the NIA court noted that four individuals had already been declared protected witnesses in the case and that charges against the accused were yet to be framed.
The court noted that the only offence under the Unlawful Activities (Prevention) Act (UAPA) invoked against Shah was Section 13, which falls under Chapter III of the Act and does not attract the stringent bail restrictions under Section 43-D(5). However, the judge said that every UAPA case carries serious consequences and must be assessed based on the nature of the allegations, the accused’s role, the presence of protected witnesses, the risk of witness intimidation and the possibility of networks being reactivated.
In its 23-page order, the court observed that releasing Shah on bail at this stage could reasonably prejudice the fair conduct of the trial and adversely affect the confidence and security of the protected witnesses.
Rejecting the plea for parity, the court held that Shah could not seek bail merely on the ground that some of his co-accused had already been released.
The court distinguished Shah’s case from that of the co-accused, observing that they had been granted bail after the investigation against them was completed and the investigating officer no longer required their custody.
The NIA opposed Shah’s bail plea, alleging that he was a “principal leader of the procession” and had played an active role in raising provocative slogans and delivering inflammatory speeches before the violence broke out.
The agency also pointed to the presence of protected witnesses in the case and expressed apprehension that they could be intimidated if Shah were released on bail.
The NIA took over the investigation into the 1996 case in April following directions from the Ministry of Home Affairs and subsequently filed a charge sheet before the NIA Special Court in Jammu on July 10.
Shabir Shah, along with other separatist leaders, including Shakeel Ahmad Bakshi and Javid Ahmad Mir, has been named as an accused in the charge sheet. Separatist leaders Syed Ali Shah Geelani, Abdul Gani Lone and Mohammad Yaqoob Wakeel were also named as accused, but proceedings against them were closed following their deaths.
