Indian SC bail for Shabbir Ahmad Shah shadowed by stringent restrictions
Strict curbs on movement, speech imposed on senior Hurriyat leader
New Delhi: The recently granted bail by the Indian Supreme Court to senior APHC leader Shabbir Ahmad Shah in a fabricated case has come with stringent conditions, imposing tight restrictions on his movement, communication, and public statements during the pendency of the trial.
According to Kashmir Media Service, a bench comprising Justice Vikram Nath and Justice Sandeep Mehta, while granting bail on March 12, directed that Shabbir Shah shall not leave Delhi without prior permission of the trial court and must surrender his passport, if any. The court also barred him from making any comments in the media regarding the case.
As part of the bail conditions, the court instructed that Shabbir Shah shall use only one mobile phone or landline number, the details of which must be shared with the Special Public Prosecutor, and the device must remain switched on at all times.
The bench further directed him to report to the investigating officer of the National Investigation Agency once every fortnight, either on Wednesday or Thursday, between 10 am and 11 am.
The apex court granted relief to Shabbir Shah, taking note of his prolonged incarceration and delays in trial proceedings. “Bail granted. You will get a detailed order,” the bench had said while allowing his petition on March 12.
During the hearing, the court expressed concern over the inordinate delay, noting that Shah has remained in custody for nearly eight years in the present case, with cumulative incarceration extending much longer across multiple cases. The court also observed that the NIA failed to justify the delay in trial proceedings.
In its detailed order, the court noted that there were “bleak chances of an early disposal of the trial” and cited Shah’s advanced age as a factor in granting bail, while clarifying that no observations were being made on the merits of the case.
The case pertains to alleged funding activities, and the trial remains ongoing.
Shabbir Ahmad Shah, a 74-year-old Kashmiri pro-freedom leader, has been lodged in Delhi’s Tihar Jail for nearly eight years in fabricated cases under various provisions of the Unlawful Activities (Prevention) Act, and the Indian Penal Code.
