Court Denies Temporary Release for Separatist Figure Shabir Ahmad Shah in Finance-related Terror Case
The Supreme Court of India has denied the interim bail request of Kashmiri separatist leader Shabir Ahmad Shah, who is currently in custody in a terror funding case. The court's decision came on Tuesday, following a hearing presided over by Justices Vikram Nath and Sandeep Nath.
Shah, who was arrested by the National Investigation Agency (NIA) in 2019, was accused of playing a substantial role in inciting and instigating the public to support the secession of Jammu and Kashmir. He was also accused of receiving money through hawala transactions and raising funds through LoC trade, which were allegedly used to fuel subversive and militant activities in the region.
In addition, Shah was accused of paying tribute to the families of slain terrorists or militants and eulogizing them as "martyrs." These actions were seen as a violation of the Indian Constitution, which places reasonable restrictions on the right to freedom of speech and expression to maintain public order, decency, morality, or to prevent incitement to an offence.
Shah's legal representatives had filed an application for support money related to the terror financing case, but this was rejected by the Supreme Court. The high court's ruling emphasized the importance of balancing the right to freedom of speech and expression with the need to maintain public order and national security. The right to freedom of speech and expression, the court stated, cannot be misused to carry out rallies with inflammatory speeches or to instigate the public to commit unlawful activities detrimental to the interest and integrity of the country.
The Supreme Court refused to grant bail to Shah, citing the possibility of him carrying out similar unlawful activities and influencing witnesses. The court also issued a notice to the NIA seeking a response within two weeks regarding Shah's bail plea.
Politicians in Jammu and Kashmir have urged for proper treatment of imprisoned Kashmiri separatist leaders, including Shah. The high court's ruling on June 12, 2023, had previously denied bail to Shah, and the case against him is still ongoing. The news about the court proceedings was reported by PTI.
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