A bench of Justices Vikram Nath and Sandeep Mehta passed the order, after hearing Senior Advocate Colin Gonsalves for Shah and Senior Advocate Siddharth Luthra for NIA.

Shah was arrested in June 2019 and arrayed as an accused in the second supplementary chargesheet filed by NIA on October 04, 2019. The allegations against him are that he played a key role in building a separatist movement in Jammu and Kashmir, paying tribute to the families of slain terrorists, receiving money through hawala transactions and raising funds through LOC trade used to “fule subversive and militant activities.”

He had approached the High Court challenging a July 7, 2023 order passed by the special NIA court rejecting his bail plea, but his plea was dismissed. His plea stated that there he was not mentioned in the main and first supplementary chargesheet filed by NIA where it has been shown that the offences had allegedly occurred as a result of the conspiracy.

“Therefore, in the absence of any material/material against the appellant, the prolonged period of incarceration, the impossibility of speedy trial with 400 witnesses to be examined by the prosecution, the appellant seeks bail,” the appeal stated.

On the other hand, NIA argued that various accused persons (including Shah) conspired for raising and collecting funds for causing disruption in the Kashmir valley and to wage war against the government of India.

Curtesy:Live law