The Supreme Court of India was informed that veteran Kashmiri Hurriyat leader Shabbir Ahmed Shah’s prolonged detention in a politically motivated case has effectively turned into “punishment without trial.”

The apex court granted the National Investigation Agency (NIA) three more weeks to file its response to Shah’s bail plea. The matter has now been listed for further hearing on February 10. Legal observers described the NIA’s request for extra time as a delaying tactic aimed at extending Shah’s incarceration.

Shah, 74, known for his consistent advocacy of the peaceful resolution of the Kashmir dispute, cited advanced age and over six-and-a-half years of detention as grounds for bail. Rights activists have repeatedly highlighted that many Kashmiri political leaders, including Shah, are imprisoned on baseless charges for raising their voice in support of Kashmiris’ UN-acknowledged right to self-determination.

Senior advocate Colin Gonsalves, appearing for Shah, told the court that the case largely hinges on a single speech already submitted in previous proceedings. He argued that Shah continues to face the threat of repeated arrests through successive cases, effectively criminalizing dissent without a concluded trial.

The NIA, opposing the bail plea, informed the court that Shah was arrested in June 2019 while already in custody in another case. The agency further stated that 34 out of 248 witnesses have been examined so far.

Gonsalves countered, noting the extremely slow pace of the trial, where only a fraction of the listed witnesses have been recorded over years. He said the protracted detention and repeated legal harassment constitute denial of justice and called for immediate release on bail.

Credit: Independent News Pakistan (INP)