The Delhi High Court asked the NIA to consider imposing a geographical restriction instead of opposing bail for Baramulla MP Engineer Rashid in the terror funding case. The Court observed that limited movement conditions could be explored, noting he is a sitting Member of Parliament.
The Delhi High Court on Thursday raised an important question before the National Investigation Agency (NIA) while hearing the bail plea of Baramulla MP Sheikh Abdul Rashid, popularly known as Engineer Rashid, in a terror funding case. The Court asked the agency whether it would be possible to restrict his movement to a particular geographical area if he is released on bail.
A Division Bench of Justices Prathiba M Singh and Madhu Jain was hearing Rashid’s appeal against a trial court order that had refused him bail last year. During the hearing, Rashid’s senior counsel argued that the MP has been in jail for more than six-and-a-half years since his arrest in 2019.
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He pointed out that Rashid was granted interim bail on two earlier occasions and did not violate any of the bail conditions.
The senior lawyer told the Court that there were no complaints of misuse of liberty during the interim bail periods. He also said that the NIA’s fear that Rashid may influence witnesses if released was baseless. According to him, Rashid had even been allowed to attend Parliament in custody earlier, showing that he was cooperating with the legal process.
While considering the request for regular bail, the Bench suggested a possible middle path. Addressing the NIA’s senior counsel, the Court orally observed,
“Suppose it is something like a geographical restriction. He is a member of Parliament… You can think about it, the court has not given any opinion. Every time it is such a big… I am sure you must be using an armoured vehicle every time he has to attend the Parliament,”
indicating that restricting his movement to a defined area might address security concerns.
The NIA’s counsel responded that the agency opposed Rashid’s release on bail but said he would take instructions on the Court’s suggestion regarding geographical restrictions.
Rashid’s counsel also informed the Court that although the NIA had initially listed 378 witnesses in the case, the number was later reduced to 248. He argued that the trial is likely to take a long time to conclude and that continued incarceration without conclusion of trial justifies granting bail.
The High Court has now listed the matter for further hearing on March 11.
Earlier, on March 21, 2025, the trial court had dismissed Rashid’s second regular bail application. Rashid has been lodged in Tihar Jail since 2019 after being arrested by the NIA under the Unlawful Activities (Prevention) Act in connection with a 2017 terror funding case.
In his appeal, the J&K MP has argued that he has already spent more than five years in custody and that the delay in the trial, which is unlikely to finish soon, entitles him to bail. His plea also claims that the allegations against him are false and that he was never involved in any secessionist or terrorist activities.
The appeal states,
“The appellant is a mainstream political leader of J&K having been elected twice as an MLA and recently as an MP. Due to his passionate engagement in mainstream politics, he became a potential target for those who preached separatist ideologies including militant outfits, labelling him as a traitor,”
highlighting his political background and asserting that he was targeted because of his stance in mainstream politics.
Rashid has also sought bail to attend Lok Sabha sessions. He said his presence in Parliament is necessary because he represents a large portion of the Kashmir Valley and has been
“assigned the role to act as a bridge between the Parliament and the people of his constituency”.
Engineer Rashid, who defeated Omar Abdullah in the 2024 Lok Sabha elections from Baramulla, is facing trial on allegations that he funded separatists and terror groups in Jammu and Kashmir. According to the NIA’s FIR, his name came up during the questioning of businessman and co-accused Zahoor Watali.
After filing a chargesheet in October 2019, a special NIA court framed charges in March 2022 against Rashid and others under Sections 120B (criminal conspiracy), 121 (waging war against the government), and 124A (sedition) of the Indian Penal Code, along with provisions related to terrorist acts and terror funding under the UAPA.
The case continues to draw national attention as it involves a sitting Member of Parliament and serious allegations under anti-terror laws. The Delhi High Court’s next hearing on March 11 is expected to further examine whether conditions like geographical restrictions can balance individual liberty and national security concerns.
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