Examiner Bureau | Srinagar:
A special NIA court in Srinagar has rejected the bail application of separatist leader Shabir Ahmad Shah in connection with a 1996 case involving alleged violence, stone-pelting and firing on police personnel during a militant’s funeral procession in the city.
Special Judge Prem Sagar, while dismissing the bail plea, observed that the application “needs no consideration at this stage”, citing a “well-founded apprehension” that Shah could allegedly continue activities detrimental to national security and public order if released.
The 73-year-old Shah was arrested by the National Investigation Agency (NIA) in April in connection with the three-decade-old case concerning alleged mob violence and firing on police personnel during a militant’s funeral procession at Naaz Crossing in Srinagar.
His arrest came shortly after he was released on bail following nearly seven years in custody in other NIA cases, including a case related to alleged terror funding.
Hearing the bail plea on Tuesday, the court noted that four persons had already been declared protected witnesses in the case and that charges against the accused were yet to be framed.
The court observed that although the only offence under the Unlawful Activities (Prevention) Act (UAPA) invoked against Shah was Section 13, which falls under Chapter III and does not attract the specific bail restrictions under Section 43-D(5), the bail application still had to be assessed in light of the nature of the allegations and surrounding circumstances.
The court said factors including the alleged role of the accused, the existence of protected witnesses, the possibility of intimidation and the potential reactivation of networks were relevant while considering the plea.
It further held that releasing Shah at this stage could create a reasonable apprehension of prejudice to the fair conduct of the trial and potentially affect the confidence and security of protected witnesses.
The NIA had opposed the bail plea, alleging that Shah was a “principal leader of the procession” and had played an active role in allegedly raising provocative slogans and delivering inflammatory speeches before violence broke out.
The agency also cited the presence of protected witnesses and expressed apprehension that they could be intimidated if Shah was released.
The NIA took over investigation of the 1996 case in April following directions from the Ministry of Home Affairs and subsequently filed a charge sheet before the NIA Special Court in Jammu on July 10.
Shah, along with separatist leaders Shakeel Ahmad Bakshi and Javid Ahmad Mir, has been named as an accused in the charge sheet. Separatist leaders Syed Ali Shah Geelani, Abdul Gani Lone and Mohammad Yaqoob Wakeel were also named, but proceedings against them abated following their deaths.
Shah’s counsel argued that the primary ground on which his earlier bail plea had been rejected as “premature” no longer existed since the NIA had completed its investigation and filed the charge sheet.
The defence submitted that the earlier plea had not been rejected on merits and argued that the filing of the charge sheet removed the impediment to a fresh consideration of bail.
Counsel also challenged the prosecution’s allegations, pointing out that there was no allegation that Shah had carried or used a weapon or fired any shot. The firing during the incident, the defence argued, had been attributed to unidentified armed persons.
The defence further relied on Shah’s prolonged incarceration, his age and a March order of the Supreme Court granting him bail in another NIA case, arguing that continued detention would affect his right to a speedy trial under Article 21 of the Constitution.
The special court, however, rejected the plea at this stage, holding that the circumstances of the case, including the protected witnesses and the stage of proceedings, warranted Shah’s continued custody.
