Supreme Court Calls Stone Pelting in J&K "Not an Ordinary Action" in Shabir Ahmed Shah Case

Shah was taken into custody by the NIA on June 4, 2019.

New Delhi:

The Supreme Court on Monday observed that stone pelting in Jammu and Kashmir is not an ordinary action, while directing Kashmiri separatist leader Shabir Ahmed Shah to approach the NC government to obtain his detention order.

A bench consisting of Justices Vikram Nath and Sandeep Nath granted the National Investigation Agency three weeks to respond to Shah's recent affidavit after Solicitor General Tushar Mehta highlighted newly mentioned facts and emphasized Shah's connections to Pakistan-based terror networks.

Senior advocate Collin Gonsalves, representing Shah, stated that his client's family was not provided with the detention order, and Shah is seeking various detention orders issued since 1970.

Mehta opposed this submission, pointing out that this issue had not been raised before the Delhi High Court.

"You should ask the government to provide you with these details. Why raise this in bail proceedings? It's been over 50 years," the bench remarked.

Gonsalves argued that Shah has spent 39 years in prison on a common charge – speeches followed by stone pelting.

Justice Mehta then stated, "Pelting of stones in this state is not a very ordinary action." The Supreme Court had previously denied interim bail to Shah in a terror funding case.

The court had, however, issued a notice to the NIA requesting its response within two weeks regarding Shah's challenge to the Delhi High Court's June 12 order that denied him bail.

The High Court had refused bail, noting that the possibility of Shah engaging in similar unlawful activities and influencing witnesses could not be ruled out.

Shah was arrested by the NIA on June 4, 2019.

In 2017, the NIA registered a case against 12 individuals alleging conspiracy to raise funds for causing disruption through stone pelting, damaging public property, and conspiring to wage war against the Government of India.

Shah allegedly played a "substantial role" in facilitating separatist movements in Jammu and Kashmir by inciting the public to chant slogans supporting J-K's secession, honoring families of terrorists by describing them as "martyrs," receiving funds via hawala transactions, and raising money through LoC trade – funds allegedly used to support subversive and terrorist activities in J-K.

The High Court had noted that while the Constitution guarantees the right to freedom of speech and expression, it also imposes reasonable restrictions related to public order, decency, morality, and incitement to offenses.

"This right cannot be misused under the guise of organizing rallies where inflammatory speeches are made or the public is instigated to commit unlawful activities detrimental to the country's interest and integrity," the High Court had stated.

The court dismissed Shah's appeal against the trial court's July 7, 2023, order denying bail.

It also rejected Shah's alternative request for "house arrest" given the serious nature of the charges.

The High Court noted that Shah was chairman of the unlawful organization Jammu and Kashmir Democratic Freedom Party (JKDPF).

It had examined documentation outlining 24 pending cases against Shah, indicating his involvement in numerous criminal cases of a similar nature related to conspiring for Jammu and Kashmir's secession from India.