'Produce Contemporary Material, Rather Than Relying On Old Speeches’, SC to NIA On Separatist Shabir Shah's Bail Plea
After hearing the NIA counsel's submissions, the bench scheduled the matter for further hearing on March 12.
By Sumit Saxena
Published : February 25, 2026 at 6:31 PM IST
New Delhi: The Supreme Court on Wednesday asked the National Investigation Agency (NIA) to produce contemporary material against Kashmiri separatist leader Shabir Ahmed Shah, rather than relying on his speeches allegedly made 30-35 years ago, as it opposed his bail plea in a terror funding case.
The matter came up for hearing before a bench comprising Justices Vikram Nath and Sandeep Mehta. Senior advocate Sidharth Luthra represented the NIA while senior advocate Colin Gonsalves and advocate Satya Mitra represented Shah.
During the hearing, the NIA’s counsel argued that there was material—including inflammatory videos and incriminating emails—against Shah. Luthra said they obtained data and sent it to CDAC for analysis, but then the Covid-19 pandemic occurred. He added that although there were communications, the NIA unfortunately has not collected the CDAC reports. The bench was informed that the reports were placed in the trial court yesterday, and CDAC report is now on record as part of 3rd chargesheet filed yesterday.
Luthra said that inflammatory videos were found on Shah's premises during the house search, and there were also witness statements against Shah.
Regarding the speeches, Justice Mehta observed, “These speeches are not new creation….they were present 30 years or 35 years ago from today, and now you recover them in 2019, and say these are the inflammatory speeches, and he says for seditious speeches he has been discharged. Speeches relate to which period, that is why the date becomes relevant”. The bench asked the NIA to show some contemporary material, which is with it.
NIA counsel said his Facebook account is opened and he was in touch with a person, who according to them is a Pakistani, in 2017-18. “When you have post other people’s pages on your Facebook account. You have put it for the world at large to see. Anybody can see it….he has taken this gentleman’s post and put it on the account of the party, which he heads, which now a banned organization”, said Luthra.
The bench inquired about the stage of trial in the case. Referring to the February 19 order of the trial court, the bench was informed that 34 witnesses were already examined. The NIA counsel contended that the protected witnesses would now be examined during the trial.
After hearing the NIA counsel's submissions, the bench scheduled the matter for further hearing on March 12. Gonsalves will advance his rejoinder arguments on the next date of hearing.
On January 13, the apex court had pulled up the NIA for not properly presenting its case and asked the agency to justify Shah’s detention for more than six years. The apex court had asked the NIA to produce a couple of his speeches and other relevant facts in the case.
Luthra had argued that his 39 years in jail were not substantiated by the report of Tihar and DG, Prisons in Kashmir. Luthra said that at most his period in jail can be in the instant case around five years two months and over around eight years.
"Prima facie we do not have any sympathy for the people who indulged in these things but facts should be there to justify his detention. What are the facts that justify his detention beyond the period of six years? We can't just shut our eyes to the facts available," bench had observed. Luthra sought some time to produce the documents relevant to the facts.
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