Delhi Court orders to release Shabir Shah in Money laundering case, noted his ongoing detention exceeds 7 years

New Delhi [India], August 27 :The Patiala House Court has on Tuesday ordered the release of Shabir Ahmad Shah, a Kashmiri separatist leader, in a money laundering case linked to terror funding.
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 this period.
Hence the court orders to release him, particularly in the case.
However, despite being released in the money laundering case, Shabir Ahmad Shah is expected to remain in judicial custody due to ongoing cases registered by the National Investigation Agency (NIA).
The Additional Sessions Judge Dheeraj Mor in an order passed on August 24, said
the accused Shabir Ahmad Shah is facing trial for offence under Section 3 of PMLA punishable under Section 4 of PMLA Act, 2002 and the maximum substantive sentence prescribed for the said offence is 7 years.
He is in continuous custody in this case since July 26, 2017 and since then, more than 7 years have passed. Therefore, the submissions made on his behalf are apparently correct.
Accordingly, 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 the court.
After the order, Shabir Shah Counsels Prashant Prakash and Qausar Khan said, the accused 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.
Earlier in the case, Shabir Ahmad Shah's wife, Dr. Bilquis Shah, was named as an accused in the Enforcement Directorate's (ED) supplementary chargesheet. She was granted bail later on a bail bond.
According to the charge sheet, Shabir Ahmad Shah is the main accused and is the conspirator who had devised the whole scheme of money laundering so as to obtain illicit funds from outside India to further the nefarious designs of causing unrest in J&K.
Shabir Ahmad Shah was in regular touch with Hafeez Sayeed, a global terrorist, head of Jamat-ud-Dawa, an organisation banned under UNSC resolution no. 1267 Shabir Ahmad Shah was in regular touch with Mohd. Shafi Shayar, based in Pakistan, whose Pakistani phone number was provided by him to Mohd. Aslam Wani for collecting the crime money in Delhi on his behalf.
Shabbir Shah who was lodged in Tihar Jail under Judicial Custody, in his defence earlier stated that there is no evidence of any nature connecting the Shabbir Shah with Aslam Wani.
He is a respectable person and is a known political leader. He is a chairman of Democratic Freedom Party and the allegations levelled against are motivated and based on falsehood.