In big relief to Kashmiri separatist leader Shabir Shah, a Delhi court has ordered his release in the money laundering case pertaining to terror funding in Jammu and Kashmir.
“…in view of proviso to Section 436A CrPC, he is entitled to be released in this case. Therefore, he is directed to be released from judicial custody in this case. Release warrants be issued. He be released forthwith, if not required in any other case,” said Additional Sessions Judge Dheeraj Mor.
The court observed that Shah has been in continuous custody since July 26, 2017, and considering that the maximum sentence for the offence under Section 3 of the Prevention of Money Laundering Act (PMLA) is seven years, his ongoing detention exceeds the said period.
However, despite the said release order, Shah would remain in jail due to ongoing cases registered by the National Investigation Agency (NIA).
The order, however, highlights the slow nature of the ongoing trial in this case and that the same is the core reason for the grant of this release order.
Speaking to CNN-News18, Shah’s counsel Qausar Khan said, “Our client was released from custody due to serving the maximum permissible punishment, which highlights a serious issue in the judicial process.”
“Despite the release, the charges against the co-accused have not even been framed, and arguments on these charges have been pending since 2021. The trial itself has not begun in a meaningful way, making this case a clear example of significant delays in the justice system,” said Prashant Prakash, counsel for Shabir Shah.
The first case against Shah was registered in 2007 for the alleged money laundering committed in 2005 for the purpose of terror financing. He was arrested by Enforcement Directorate (ED) on July 25, 2017, in connection with the 2005 case.
The Enforcement Directorate had earlier told the Patiala House Court that Shah was also involved in terror financing activities as terrorists needed money to sustain themselves and to carry out terrorist acts.
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