New Delhi, Jan 13: Kashmiri separatist leader Shabir Ahmed Shah, an accused in a terror funding case, on Tuesday told the Supreme Court that he had met five prime ministers of India on the Jammu and Kashmir issue and his speeches mostly represented the aspirations of the people in the erstwhile state.
A bench of justices Vikram Nath and Sandeep Mehta, which was hearing Shah’s bail plea, asked the National Investigation Agency (NIA) to produce a couple of his speeches and other relevant facts in the case.
“I never threw stones. Nor did I instigate anyone. I sat with five prime ministers of India to solve the issue of Kashmir. We have all the pictures of him with the prime ministers. They asked him what can be done to sort out the issues. They did it because they knew he wasn’t a terrorist,” senior advocate Colin Gonsalves, appearing for Shah, told the bench.
He added that people of the valley loved him not because of what he was but what he used to say because they represented the aspirations of people.
“Yes, his words were a little uncomfortable but not comfortable enough that the five prime ministers called him. They asked him very politely as to what can be done to solve the issue of Kashmir. I answered them very politely what can be done. Shah was loved by the people because he represented the aspirations of people in the valley,” Gonsalves said, adding that he was in and out of jail several times with a cumulative period of 39 years.
The bench pointed out that he was inside the jail in the terror funding case only since 2019 and facts of other cases cannot be included in the instant case.
The senior counsel submitted that in all the other FIRs since 1991 he was booked mostly for his alleged ‘hate speeches’ but the fact is that he has not made a single statement with regard to attacking the security forces or obstructing the government and all he talked about was freedom of people of Kashmir.
“By freedom I never meant that he wanted to be with Pakistan. I used to visit people who lost their lives during violence period in Kashmir but what I used to say was lament on the prevailing state of affairs, which is typical of a politician in Kashmir,” he added.
Senior advocate Siddharth Luthra, appearing for the NIA submitted that his 39 years in jail was not substantiated by the report of Tihar and DG, Prisons in Kashmir and at most his period in jail can be in the instant case around five years two months and over around eight years.
The bench pulled up the NIA for not putting the facts of the case properly and said it should justify his detention for a period beyond six years.
“Prima facie we do not have any sympathy for the people who indulged in these things but facts should be there to justify his detention. What are the facts that justify his detention beyond the period of six years. We can’t just shut our eyes to the facts available,” Justice Mehta said.
Luthra sought some time to produce the documents relevant to the facts saying that he represented the NIA but some documents connected to the case could be with the Enforcement Directorate and the state police.
Justice Nath asked Gonsalves who were the dignitaries he had met to which he said that pictures have been annexed with his case files.
Gonsalves, however, named a few dignitaries which include former prime ministers VP Singh, IK Gujral, Chandra Shekhar, former union minister Ram Jethmalani, former union minister KC Pant and others.
He added that Shah was 74-year-old at present and if granted bail, the condition can be put that he will confine himself to his house and garden in Kashmir.
“Period of speeches is over in Kashmir,” Gonsalves submitted.
The bench said if the hearing does not conclude on February 10, then the court may consider the relief on that day. On September 4, last year, the top court refused to grant interim bail to Shah in the case and issued notice to the NIA seeking its response on his plea challenging the high court order.
The high court refused bail to Shah in the case, observing that the possibility of his carrying out 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 booked 12 people on allegations of conspiracy for raising funds to disrupt by way of pelting stones, damaging public property and conspiring to wage war against the central government.
Shah was alleged to have played a “substantial role” in facilitating a separatist movement in Jammu and Kashmir by inciting the general public to raise slogans in support of J-K’s secession, paying tribute to the family of slain terrorists or militants by eulogising them as “martyrs”, receiving money through hawala transactions and raising funds via cross-LoC trade, which were allegedly used to fuel subversive and militant activities in J-K.
The high court dismissed Shah’s appeal against the trial court’s July 7, 2023 order refusing him bail.
It also rejected his alternate prayer seeking “house arrest”, given the serious nature of the charges.
The high court noted that he was the chairman of an unlawful organisation, the Jammu and Kashmir Democratic Freedom Party.
The high court examined a table elaborating on the 24 pending cases against Shah, indicating his involvement in several criminal cases of a similar nature and related to conspiring for the secession of J-K from the Union of India. (Agencies)
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