NIA arrests Kashmiri Separatist leader Shabir Shah in a 1996 case related to mob violence in Srinagar. A Delhi court has granted the NIA a three-day transit remand. Shah's counsel argues this is a case of double jeopardy, opposing the plea.
The National Investigation Agency (NIA) arrested Kashmiri Separatist leader Shabir Shah in a 1996 case of Jammu and Kashmir. He was produced before the Patiala House Court on Friday evening.
This case pertains to an FIR lodged in the Shergarhi Police Station of Shrinagar on July 17, 1996. The NIA re-registered the case on April 1, 2026. Special Judge (NIA) Prashant Sharma of Patiala house court granted three days transit remand to NIA. He will be produced before a court in J-K on Monday.
"Considering the sensitivity and nature of the offence, transit remand prayer of NIA, made in the application, is allowed. NIA, Jammu, is given a transit remand of 03 days of the accused Shabir Ahmad Shah. The Investigating Officer is directed to produce the accused before the designated NIA Special Court, Jammu, within 12.00 noon on 20.04.2026 or earlier," Special NIA judge ordered on April 17.
It was alleged that during a death procession of slain terrorists, there was sloganeering after which the mob turned violent, and some terrorists opened fire, injuring security personnel.
He was granted bail by the Supreme Court in another NIA case on March 12, 2026. He was granted bail in the money laundering case on March 28, 2026. Shabir Shah has undergone 39 years of house arrest, custody, etc.
NIA's Submission for Transit Remand
While seeking transit remand, the NIA stated that present case is related to unlawful activities of mob led by Hurriyat activists, namely Syed Ali Shah Geelani, Shabir Ahmad Shah, Ab Gani Lone, Mohd Yaqoob Wakeel, Javid Ahmad Mir on July, 17, 1996, were carrying a dead body of slain terrorist Hilal Ahmad Beigh who was killed in an encounter at Parimpora towards Eidgah, Srinagar.
It was also contended that the said mob/Hurriyat activists were raising slogans against the Government of India. Near Naaz crossing, and when SHO Shergarhi Police Station tried to stop the mob, it turned violent; started stone pelting; disrupted traffic movement; damaged property and also raised slogans "Hindustan Murdabad" against the Government of India. That some unknown terrorists from the said mob fired upon the police party with the intention to murder them.
The NIA stated that the accused, Shabir Ahmad Shah, was arrested on April 17, 2026, for his involvement in the instant case. It was also submitted that the NIA investigation of the present case is at the initial stage, and the accused Shabir Ahmad Shah is required to be taken out of Delhi for the purpose of investigation of the instant case, and his custodial interrogation is required to unearth the larger conspiracy and to identify other co-conspirators involved in the commission of the aforesaid offences. He will be produced before a competent court to seek his custodial remand.
Defence Opposes Plea, Cites Double Jeopardy
Advocate M S Khan alongwith Prashant Prakash, Qausar Khan, Rahul Sahani and Zahbi Tihami, appeared for Shabir Shah and opposed the transit remand plea.
The Counsel for the accused has submitted that, as per the grounds of arrest supplied to the accused, the prosecution relies on an incident of July 17, 1996. The said incident was about the leaders of All Parties Hurriyat Conference (APHC) carrying the dead body of slain terrorist, namely Hilal Ahmed Beigh (who was killed in an encounter by security forces).
It was submitted that the FIR in the terror funding case of 2017 mentioned the incident of July 17, 1996. In a way, NIA has already investigated the facts mentioned in the FIR of 1996, PS Sheirgari of Sri Nagar, in the terror funding case.
The counsel for accsued also submitted that in such a situation, this is a case of double jeopardy and the application must be dismissed. The accused cannot be made to face investigation with regard to a similar offence, for the third time, as it will amount to 4/8 Article 20 (2) of the Constitution of India. He also filed a bail application for the accused.
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