Shabir Ahmed Shah Can't Visit Kashmir Without Court Nod, SC Imposes Strict Bail Conditions
A bench of Justices Vikram Nath and Sandeep Mehta ordered that Shah shall not leave Delhi without the permission of the trial Court.
By ETV Bharat Jammu & Kashmir Team
Published : March 17, 2026 at 6:13 PM IST
Srinagar: The Supreme Court has granted bail to Kashmiri separatist leader Shabir Ahmed Shah in a terror funding case investigated by the National Investigation Agency, but imposed strict conditions including a bar on his travel outside Delhi without prior court permission.
In its detailed nine-page order, a bench of Justices Vikram Nath and Sandeep Mehta noted Shah’s prolonged incarceration and slow progress of trial while granting him relief.
"The appellant has suffered combined incarceration of 8 ½ years in the ED case and the NIA case at hand," the court observed, adding that "prolonged incarceration of an accused, particularly in circumstances where the trial has made little or no substantial progress, is a relevant factor in adjudicating the matter of bail."
Shah, 74, had been in custody since June 4, 2019, in connection with an NIA case registered in 2017 under provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act. The Delhi High Court had earlier denied him bail in June 2025.
The apex court took note of the pace of proceedings, pointing out that only a fraction of witnesses had been examined. "The prosecution has cited 248 witnesses and only 30 have been examined till date, and the trial is proceeding at a snail’s pace, with no possibility of an early culmination," the order recorded.
Granting bail, the court underlined constitutional concerns tied to personal liberty. "If the trial is not likely to conclude within a reasonable time, continued detention may result in undue curtailment of the personal liberty guaranteed under Article 21 of the Constitution of India," it said.
However, the relief comes with stringent restrictions. The bench directed that Shah “shall not leave Delhi without the permission of the trial Court” and must surrender his passport, report regularly to the NIA, and avoid any contact with witnesses or media comments on the case.
He has also been directed to report to the investigating officer of the NIA once every fortnight, specifically on Wednesdays or Thursdays between 10 am and 11 am.
Additionally, the court said he "shall use only one mobile phone and/or one landline number during the course of trial," and must share the details with the prosecution while "keeping the phone switched on" at all times. The court also warned that any violation of conditions would allow the prosecution to seek cancellation of bail.
The case against Shah stems from alleged terror funding activities, including a purported transaction involving a co-accused. His counsel had argued that the main allegation stood weakened after co-accused Mohammad Aslam Wani was acquitted in a related predicate offence.
The Supreme Court acknowledged this development, noting that "the co-accused, Aslam Wani alias Amit Kumar, has been acquitted in the predicate offence."
Shah has also faced parallel proceedings by the Enforcement Directorate under the Prevention of Money Laundering Act. The ED case was based on the same alleged financial transactions linked to terror funding. Both Shah and Wani had earlier been granted bail in that case, and Wani’s acquittal was cited by the defence to challenge the prosecution’s core allegations.
During the hearing, the NIA opposed bail, citing "substantial incriminating evidence" and witness statements linking Shah to secessionist activities and funding networks. However, the agency did not dispute the length of his custody or the delay in trial.
The bench ultimately held that extended incarceration and the unlikelihood of an early trial justified bail, without commenting on the merits of the case.
“The rigours of such provisions will melt down where there is no likelihood of trial being completed in a reasonable time,” the court said, reiterating established principles on bail.
Shah’s release will be subject to furnishing bail bonds and filing an undertaking before the trial court agreeing to all conditions.
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