The Supreme Court of India has granted bail to prominent Kashmiri separatist Shabir Ahmad Shah in a long-running terror funding investigation under the Prevention of Unlawful Activities (Prevention) Act (UAPA).

The decision, delivered on Thursday by a bench comprising Justices Vikram Nath and Sandeep Mehta, marks a significant development after Shah spent over six years in judicial custody without trial conclusion.

Shah, founder of the Jammu and Kashmir Democratic Freedom Party (JKDFP), was arrested by the National Investigation Agency (NIA) in 2019. The case originated from an NIA probe launched in 2017 targeting several separatist leaders accused of receiving funds from Pakistan to fuel unrest in the Kashmir Valley. Authorities alleged these funds supported violent disruptions aimed at secession from India.

Since his arrest, Shah has remained behind bars, becoming a symbol of the government's crackdown on separatist activities post the 2019 abrogation of Article 370. His prolonged detention drew criticism from rights groups, who argued it exemplified delays in UAPA trials, where bail is notoriously difficult to secure due to stringent provisions.

Senior Advocate Colin Gonsalves, representing Shah, urged the court to consider the case's protracted nature. He highlighted that Shah was not named in the NIA's initial chargesheet but only added in a supplementary filing after his arrest. With over 400 witnesses lined up for examination, Gonsalves contended the trial could drag on indefinitely, rendering extended custody unjust.

Opposing the plea, Senior Advocate Siddharth Luthra, appearing for the NIA, portrayed Shah as a pivotal figure in a network channelling overseas funds for terrorism. The agency claimed Shah's JKDFP served as a front for anti-India activities, with evidence linking him to hawala transactions and Pakistani intelligence operatives.

This bail application followed prior rejections at lower levels. In 2023, a trial court denied Shah liberty, prompting an appeal to the Delhi High Court. That court, in its ruling, cited "overwhelming evidence" against him, noting 24 FIRs tied to similar offences, and affirmed the allegations' prima facie validity.

Shah's legal team escalated the matter to the Supreme Court, challenging the High Court's order. The apex court's intervention underscores its occasional willingness to intervene in UAPA cases where incarceration exceeds reasonable bounds, balancing national security with constitutional rights to liberty and speedy trial.

The ruling imposes conditions on Shah's release, though specifics remain undisclosed. It arrives amid evolving security dynamics in Jammu and Kashmir, where targeted operations have weakened separatist networks, potentially influencing the NIA's case strategy.

Critics view the bail as a setback for counter-terrorism efforts, fearing it could embolden remaining separatists. Supporters, however, hail it as a safeguard against indefinite detention, aligning with Supreme Court precedents like the 2021 ruling limiting UAPA arrests without prima facie evidence.

Broader implications extend to other high-profile UAPA detainees, including separatist peers like Yasin Malik. As Shah steps out after years in Tihar Jail, the decision reignites debates on reforming anti-terror laws to prevent abuse while curbing threats.

The NIA may appeal or expedite the trial, but for now, Shah's bail offers respite in a saga intertwining Kashmir's separatist politics, cross-border funding, and India's judicial oversight of security laws.

ANI