New Delhi, November 1, 2025: The National Investigation Agency (NIA) has opposed bail for Shabir Ahmed Shah, a Kashmiri separatist leader facing charges in an alleged terror funding case, telling the Supreme Court that Shah has spent just over eight years in custody across approximately 40 criminal cases—contradicting his claim of having been in jail for 38 years.

NIA’s Stand on Shah’s Bail Plea

In a response filed on Friday, the NIA clarified that since Shah’s arrest by the Enforcement Directorate in July 2017, he has remained in custody at Tihar Jail, and based on information from the Jammu & Kashmir police, he was arrested in only 10 cases out of the 38 criminal cases filed against him, amounting to a total of 83 days in custody.

The agency emphasized that Shah’s claim of 38 years in jail was false and misleading, stating, “The assertion of the petitioner that he has remained in custody for 38 years is false. Even the petitioner has not attempted to substantiate such an assertion with cogent material. The said statement is clearly an attempt to mislead the court purposefully.”

Court Proceedings

A bench of Justices Vikram Nath and Sandeep Mehta took note of the NIA’s affidavit and granted time for Shah’s lawyers to file their response. Senior advocate Colin Gonsalves, representing Shah, along with advocate Satya Mitra, argued that Shah was “very sick” and required bail. They contended that the government had kept him behind bars for 38 years due to his speeches.

The Supreme Court has posted the matter for hearing on November 10, 2025.

Charges Against Shah

The NIA pointed out that Shah is facing serious charges, including:

• Leading violent demonstrations in Kashmir
• Instigating youth with pro-Pakistan slogans
• Stone-pelting against security forces
• Alleged terror funding under the Unlawful Activities (Prevention) Act (UAPA)
• Offences under the Indian Penal Code for waging war against the state

The agency emphasized that there is prima facie evidence of Shah’s involvement in promoting insurgency and violence in Jammu & Kashmir.

Investigation Details

Shah was taken into NIA custody on June 4, 2019, and the trial is ongoing in the Patiala House courts in Delhi. Since the framing of charges in May 2022, 30 witnesses have been examined. Earlier this year, the NIA dropped 92 witnesses out of a long list of 340, leaving 248 to be examined. The agency stated that it plans to further prune the witness list to expedite the trial.

Links with Other Accused

The case against Shah also involves two designated terrorists:

• Hafiz Muhammad Saeed, head of the banned outfit Lashkar-e-Taiba
• Mohd Yusuf Shah alias Salahuddin, head of banned terrorist organization Hizb-ul-Mujahideen

The Ministry of Home Affairs (MHA) had directed the NIA in 2017 to take up the probe following information that Shah, Hafiz Saeed, and other separatist leaders were collaborating with active militants of proscribed organizations.

The investigation revealed that funds were funneled from across the border via hawala channels for separatist and terrorist activities in Jammu & Kashmir.

Allegations by NIA

According to the NIA, Shah:

• Maintained contacts with Pakistan- and PoK-based terrorists, including Syed Salahuddin and Hafiz Mohammad Saeed
• Paid tributes to slain militants and visited their families
• Shared details of killed militants with Pakistan-based entities
• Received funds from these external sources to support separatist activities

Shah was initially part of the All Party Hurriyat Conference, later forming his own party, the Jammu & Kashmir Democratic Freedom Party (JKDFP). The NIA claims that his party has been instrumental in propagating unrest, organizing protests, hartals, and attacks on security personnel.

During the investigation, witnesses revealed Shah’s active role in building the separatist and militant movement in the region. Searches of his premises yielded incriminating videos, in which he appeared to incite hatred against India and support militants.

Government Position

Solicitor General Tushar Mehta argued that Shah’s speeches, distinguishing between the “Indian state” and “Jammu & Kashmir,” are of grave concern. He emphasized that the Delhi High Court had rightly denied bail in June 2025, noting the possibility of Shah engaging in similar unlawful activities or influencing witnesses if released.

The Supreme Court had earlier, in September 2025, also refused to grant him interim bail, reinforcing the gravity of the charges.

The NIA concluded that the available material prima facie establishes Shah’s involvement in criminal and terrorist activities, justifying the denial of bail while the trial proceeds.