The court observed that separatist leader Shabir Shah has been detained continuously since July 26, 2017, a crime that carries a maximum sentence of seven years under Section 3 of the People's Act. (Image source: PTI)
However, despite the said release order, Shah will remain in jail as the case registered by the National Investigation Agency (NIA) continues.
In a major relief to Kashmiri separatist leader Shabbir Shah, a Delhi court has ordered his release in a terror financing and money laundering case in Jammu and Kashmir.
“…he is entitled to release in the present case under Section 436A of the Code of Criminal Procedure. Therefore, in the present case, he is directed to be detained in judicial custody. A release order is issued. If there is no claim in any other case, he will be released immediately.” release.
The court observed that Shah has been in continuous detention since July 26, 2017 and his continuous detention exceeds the said period considering that the offense under Section 3 of the Prevention of Money Laundering Act (PMLA) carries a maximum sentence of seven years.
However, despite the said release order, Shah will remain in jail as the case registered by the National Investigation Agency (NIA) continues.
However, the order highlights the slow nature of the ongoing trial, which was at the heart of the reason for the release order.
Shah's lawyer Qausar Khan told CNN-News18: “The release of our client on the basis of the maximum permissible sentence highlights a serious problem in the judicial process.”
“Despite being released, the charges against the co-defendants have not even been finalized, and arguments regarding those charges have been pending since 2021. The trial itself has yet to begin in a meaningful way, making the case a clear sign of serious delays in the proceedings. example.
The first case was registered against Shah in 2007 for alleged money laundering for terrorism financing purposes in 2005. On July 25, 2017, he was arrested by the Enforcement Directorate (ED) in connection with the 2005 case.
The Enforcement Directorate had earlier told the Patiala House Court that Shah was also involved in terrorism financing as terrorists require funds to sustain themselves and carry out terror activities.
