SC Rebukes Shabbir Ahmed: ‘Stone pelting cannot be taken lightly’

The court made this remark while hearing a petition filed by the separatist leader. The Supreme Court directed Shabbir Ahmed Shah to approach the National Conference government to obtain an arrest warrant.

New Delhi: On Monday, the Supreme Court made a significant observation regarding a recent affidavit filed by Kashmiri separatist leader Shabbir Ahmed Shah. The Supreme Court stated that stone pelting in Jammu and Kashmir is not a common thing.

The court made this remark while hearing a petition filed by the separatist leader. The Supreme Court directed Shabbir Ahmed Shah to approach the National Conference government to obtain an arrest warrant.

A bench of Justices Vikram Nath and Sandeep Nath granted the National Investigation Agency (NIA) three weeks to respond to the separatist leader's new affidavit.

During the hearing, Solicitor General Tushar Mehta presented some new facts about Ahmed Shah and highlighted his terrorist links in Pakistan.

Senior advocate Colin Gonsalves, representing the separatist leader, argued that no detention order had been issued against Shah's family. Gonsalves demanded the court release all arrest orders since 1970.

Solicitor General Mehta opposed Shah's lawyer's argument, saying that the matter had not been raised before the Delhi High Court. The bench retorted, "It's been more than 50 years since this happened. You're demanding information from the government. Why is this being done during bail proceedings?"

The separatist leader's lawyer countered, arguing that Ahmed Shah has been in jail for 39 years on the simple charge of making speeches before stone-pelting. Justice Mehta retorted, "Stone-pelting is not a common occurrence in this state."

Previously, the Supreme Court had rejected the separatist leader's interim bail plea in a terror-funding case. However, the court issued a notice to the NIA, asking it to respond to Shah's petition within three weeks. Shah has challenged the Delhi High Court's order denying him bail.

The Delhi High Court denied bail to the separatist leader, citing concerns that he might engage in similar illegal activities and attempt to influence witnesses. It is noteworthy that Shabbir Ahmed Shah was arrested by the National Investigation Agency (NIA) on June 4, 2019. In 2017, the NIA filed a case against 12 people for allegedly collecting funds through stone-pelting, damaging public property, and conspiring to wage war against the Indian government.

Shabbir Ahmed Shah is accused of playing a key role in the separatist and militant movements in Jammu and Kashmir. He is accused of raising slogans to promote separatism in Jammu and Kashmir, paying tribute to slain militants, and portraying them as martyrs.

Furthermore, the separatist leader is accused of receiving funds through hawala networks and using them to further militant activities in the state.

The Delhi High Court, while denying bail to the separatist leader, stated that while the Constitution grants freedom of expression, it also imposes certain restrictions on it.

The court had said, "No person can misuse this right by giving inflammatory speeches in rallies, inciting people to commit illegal activities and against the integrity of the country."