Terror funding case: Supreme Court questions NIA for referring to separatist Shabir Shah’s speeches of 1990s

The Supreme Court on Wednesday (February 25, 2026) questioned the NIA for citing allegations of inflammatory speeches in the 1990s while opposing Kashmiri separatist leader Shabir Ahmed Shah’s bail plea in the terror financing case.

The National Investigation Agency (NIA) told a bench of Justices Vikram Nath and Sandeep Mehta, which was hearing arguments on Mr Shah’s bail plea, that there was material against Mr Shah, including inflammatory videos and incriminating emails.

When senior advocate Siddharth Luthra, appearing for NIA, referred to the transcripts of some videos, the bench asked about the date of the conversations.

Mr Luthra said the agency had dated some of the videos and they were from the 1990s.

“These speeches are not a new creation. These are things that already existed, say, 30 years or 35 years ago from today. Now you save them in 2019 and say these are inflammatory speeches,” the board said.

Mr Luthra said provocative videos were found on Mr Shah’s property when his house was searched. He also said that there were witness statements against Mr. Shah.

The court asked Mr. Luthra about the trial phase of the case.

Referring to the court’s February 19 order, the senior lawyer said 34 witnesses have already been examined.

He said that from now on, protected witnesses will also be interrogated during the hearing.

Hearing the arguments made by the NIA, the bench posted the matter for March 12, when senior advocate Colin Gonsalves, representing Mr. Shah, will advance the reply arguments.

While hearing the matter on January 13, the high court withdrew the NIA’s case for not presenting it properly and asked the agency to justify Mr. Shah’s detention for more than six years.

Also Read |Court orders release of Kashmiri separatist Shabir Shah in terror financing case

He had asked the NIA to speak a few and present other facts about the case.

On September 4 last year, the top court refused to grant interim bail to Mr. Shah in the case and issued a notice to the NIA seeking response to his plea challenging the Delhi High Court’s June 12, 2025 order.

The high court refused to grant bail to Mr. Shah in the case, observing that the possibility of him carrying out similar illegal activities and influencing witnesses cannot be ruled out.

Mr. Shah was arrested by the NIA on June 4, 2019.

In 2017, the NIA had arrested 12 people on allegations of conspiracy to raise money for disruption by stone pelting, destruction of public property and conspiracy to wage war against the central government.

Mr Shah allegedly played a “significant role” in facilitating a separatist movement in Jammu and Kashmir by encouraging people to raise slogans supporting the separation of Jammu and Kashmir, paying tribute to the families of slain terrorists or militants by praising them as “martyrs”, receiving money through hawala transactions and raising funds through LoC trade, which was allegedly used to fuel subversive and subversive acts. militant activities.

The Supreme Court dismissed Mr. Shah’s appeal against the trial court’s decision dated July 7, 2023, with the decision to refuse bail. Also, given the seriousness of the charges, his alternative prayer for “house arrest” was also rejected.

The high court noted that he was the president of the Jammu and Kashmir Democratic Freedom Party, an illegal organisation.

He reviewed a table detailing 24 pending cases against Mr Shah and showing his involvement in various criminal cases of a similar nature and related to conspiracy for secession of Jammu and Kashmir from the Indian Union.