Institute of Legal and Management Studies

During the hearing of Kashmiri Separatist Leader Shabir Ahmed Shah's bail plea, Solicitor General Tushar Mehta today objected before Supreme Court to the use of words "Indian State and Jammu and Kashmir", instead of "India".

Seemingly with reference to Shah's old speeches in 1990s, the SG said that nobody can say "Indian State and Jammu and Kashmir". When urgency in the matter was cited saying Shah is "very sick", the SG retorted, "he is sick, that's the problem".

A bench of Justices Vikram Nath and Sandeep Mehta was dealing with Shah's bail plea in a terror funding case. Earlier, it denied Shah the relief of interim bail.

During today's hearing, the SG informed the Court that NIA's counter-affidavit was filed today. Accordingly, the bench gave time to Shah to file a rejoinder. "We will have this matter on November 14", said Justice Nath.

At this point, Senior Advocate Colin Gonsalves, for Shah, submitted that he is not keeping well and requested that the case may be listed on Monday. Justice Nath however indicated that the matter would be listed on November 14.

At the outset of the hearing, the SG also contested Shah's contention that he has been in jail for over 30 years as "factually incorrect". "Only 51 days [he's been in jail]", the SG said. Gonsalves countered the same saying, "A man in jail for 39 years and he says 51 days...we will argue, we will show exactly how many years".

On the SG's objection to use of the words "Indian State and Jammu and Kashmir", Gonsalves commented, "So you (NIA) keep him in jail for 39 years over "Indian State and Jammu and Kashmir"? No shooting, no killing, no inciting, nothing".

Case Title: SHABIR AHMED SHAH Versus NATIONAL INVESTIGATION AGENCY, SLP(Crl) No. 13399/2025