“Stone Pelting in J&K Not an Ordinary Act,” Rules Supreme Court

The Supreme Court on November 10, 2025, described stone pelting in Jammu and Kashmir as "not a very ordinary action" while hearing a plea from Kashmiri separatist leader Shabir Ahmed Shah challenging his detention under the Public Safety Act. A bench comprising Justices Vikram Nath and Sandeep Mehta directed Shah to approach the newly formed National Conference government in the Union Territory to obtain a copy of his detention order, emphasising procedural requirements for bail consideration. The court granted the National Investigation Agency (NIA) three weeks to file a response to Shah's fresh affidavit after Solicitor General Tushar Mehta highlighted newly disclosed details.

Shah, arrested by the NIA on June 4, 2019, in a terror funding case, has been in custody for over 39 months. His counsel argued that the charges stemmed primarily from inflammatory speeches allegedly followed by stone-pelting incidents, framing it as a "common" offence warranting bail. However, the bench pushed back, underscoring the gravity of such acts in the sensitive region and questioning the characterisation as routine.

Mehta drew the court's attention to Shah's alleged links with Pakistan-based terror networks, prompting scrutiny of the updated affidavit. The NIA has accused Shah of routing funds from across the border to fuel unrest in the Kashmir Valley, charges he denies.

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The hearing reflects ongoing judicial scrutiny of prolonged detentions in national security cases from Jammu and Kashmir, balancing individual rights with public order concerns. With the matter adjourned, Shah's legal team must now secure the detention order from local authorities to advance the bail plea.

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