Supreme Court grants bail to Kashmiri separatist leader Shabir Ahmed Shah in terror-funding case

The case was premised on an alleged conspiracy hatched among several accused persons who were allegedly engaged in secessionist activities in Jammu and Kashmir through various terrorist activities, such as the organisation of violent protests, instigating the general public to commit violence, pelting of stones at the security forces, burning of schools, damaging public property, etc., and waging war against the Union of India.

“Their ultimate aim and objective was to seek the secession of the J&K from the Union of India, all in the garb of ‘Freedom’,” the prosecution claimed.

It further said that the investigation allegedly established that the secessionist and separatist leaders were also raising funds to be utilised in terrorist and separatist activities through the LoC trade. “This was allegedly done by way of directing the Kashmiri traders to engage in under-invoicing and under-weighing of the goods which were imported through the LoC barter trade and to commit irregularities in the maintenance of records, etc,” the prosecution said.

“They would then sell the goods to the traders in Delhi, and a portion of the profits was allegedly used for anti-national propaganda, with the objective of mobilizing violent protests and other unlawful activities in J&K. The traders, so engaged, would have relatives across the borders who were closely associated with the terrorist organisations, especially Hizb-ul-Mujahideen, and who would smuggle weapons and contraband,” it added.

The prosecution also alleged that Shah’s outift, Jammu Kashmir Democratic Freedom Party (JKDFP), “has been one of the front line secessionist entities, vigorously pursuing the secession of the J&K from the Union of India”. Since the JKDFP was formed, Shah became the mouthpiece of Pakistan’s ISI, which had been handling him through a Pakistan-based representative, namely, Mehmood Ahmed Sagar, the prosecution alleged.

Shah was also accused of making inflammatory speeches with a view to fanning secession.

Denying him bail, the high court had said, “In view of the overwhelming evidence, it is premature to evaluate the veracity of the material available on record at this stage. However, it cannot be brushed aside or said to fall short of proof in any manner, such assessment shall be considered by the learned Trial Court at an appropriate stage of the trial.”

The high court added that his “involvement in a number of cases of a similar nature, thus, the possibility cannot be ruled out that being a Chairman of the unlawful organisation JKDPF, he would not indulge in similar unlawful activities and may attempt to tamper with evidence as well as influence witnesses who are yet to be examined.”