Institute of Legal and Management Studies

The Supreme Court today declined Kashmiri separatist Shabir Ahmed Shah's plea to pass a direction for supply of detention orders against him, saying that he could approach the J&K government for the same.

A bench of Justices Vikram Nath and Sandeep Mehta declined the request, which was made by Senior Advocate Colin Gonsalves on Shah's behalf. Solicitor General Tushar Mehta and ASG KM Nataraj appeared for NIA.

The Court was dealing with Shah's bail plea in a terror funding case. The matter was adjourned on the SG's request for time to respond to some new facts stated in Shah's rejoinder, which were not pleaded before the High Court.

During the hearing, Gonsalves submitted that Shah/his family were not supplied copies of the detention orders passed against him or any Court order regarding detention. Requesting for copies of such orders passed since 1970 (69 in number), Gonsalves said, "I'd like those orders to be given to me". SG Mehta objected to the prayer saying that successive governments detained Shah "for his association with Pakistan, etc." for different time periods and NIA does not have those "55 years back" orders.

Gonsalves replied that there is a series of such orders. Hearing the submissions, Justice Nath asked him, "Did you ever ask them to provide those orders to you or you're asking before us for the first time?" The senior counsel responded that a similar request was made before the High Court also.

"You should have asked the government to provide you. Why in bail proceedings? You ask the government to provide you the details", responded Justice Mehta. On Gonsalves' contention that only orders post 1970 are being sought, the judge said, "1970 onwards, when did you ask the government to provide you?"

At this point, Gonsalves modified his request to urge that orders for the last 10 years may be given. He further submitted that the orders require to be seen as Shah was detained for 39 years, but the NIA contended on a previous date that he was detained for only 81 days. "Whatever you have, give me", stressed Gonsalves. "I am NIA, I have not passed any detention order", said the SG.

When it transpired that in this regard, the state would be a proper party, Gonsalves offered to implead it. However, the bench declined such impleadment, saying "don't expand the scope".

In an earlier hearing, SG Mehta objected to Shah's alleged use of words "Indian State and Jammu and Kashmir", instead of "India", before the Court. Seemingly with reference to Shah's old speeches in 1990s, he said that nobody can say "Indian State and Jammu and Kashmir".

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