Supreme Court Bail for Shabir Shah Draws Strong Support from Family, Kashmiri Leaders

SRINAGAR: The Supreme Court (SC)’s decision to grant bail to Kashmiri separatist leader Shabir Ahmed Shah has been received in the Valley as a moment of long‑overdue justice, stirring emotional responses from his family and drawing cautious but notable reactions from political and religious leaders.

Shah, who has spent decades in and out of prison and nearly seven years in his latest incarceration, has long been a central figure in Kashmir’s separatist politics. His release comes in a case involving allegations of terror funding and separatist mobilisation under the Unlawful Activities (Prevention) Act, a case that has shaped political discourse in Jammu and Kashmir for years.

For Shah’s family, the bail order represents both relief and vindication. His daughter, Sehar Shabir, expressed her emotions through a Qur’anic invocation—Nasrun minallahi wa fathun qareeb—a verse symbolising divine help and the nearness of victory. She described the decision as the “first step” toward justice after what she said amounted to thirty‑nine years of imprisonment without a single conviction. In a post on ‘X’, she said, “After 39 years of imprisonment without conviction, today justice has taken its first step. We always had faith in the judiciary, and today that faith stands affirmed.”

The Valley’s chief Muslim cleric, Mirwaiz Muhammad Umar Farooq, also welcomed the SC’s decision, offering gratitude and expressing hope that similar relief would be extended to other political detainees and young Kashmiris held in jails across India. He said, “Welcome the bail granted to Shabir Shah Saheb after prolonged incarceration by the Supreme Court. We fervently hope that the courts in the same spirit give relief to all political prisoners and youth languishing in jails inside and outside Jammu and Kashmir, bringing cheer to their families and the people of Jammu & Kashmir.”

Former minister and People’s Conference chairman Sajad Gani Lone described the bail as “good news,” noting Shah’s deteriorating health and expressing hope that he would now be able to return home, recuperate, and reconnect with his family.

The case against Shah, who heads the now proscribed Jammu Kashmir Democratic Freedom Party, dates back to his arrest on June 4, 2019. The National Investigation Agency (NIA) accused him of facilitating separatist activities, raising funds through hawala channels and cross‑LoC trade, glorifying slain militants, and conspiring with other separatist leaders to destabilise the region. Earlier courts had rejected his bail pleas, holding that the allegations appeared prima facie credible.

However, the SC bench of Justices Vikram Nath and Sandeep Mehta found significant issues in the prosecution’s handling of the case. Shah has already spent nearly seven years in custody—close to the maximum sentence for the money‑laundering charges involved. The trial has moved at a glacial pace, with only 34 of 248 witnesses examined. The Court also noted procedural lapses, including the failure to provide the defence with all necessary documents under Section 207 of the CrPC, and gaps in Shah’s custody records that raised concerns about transparency.

While granting bail, the Court said it would issue a detailed order outlining stringent conditions for his release. Some legal experts say that Shah’s release, though conditional, may influence other ongoing cases involving separatist leaders, particularly those where prolonged detention and trial delays are central issues.