The Delhi High Court has requested a response from the NIA to Jammu and Kashmir MP Rashid Engineer’s bail petition to attend Parliament’s Budget session starting January 31. Rashid, in Tihar Jail since 2019 for alleged terror funding, seeks interim bail or custody parole amid procedural challenges in his ongoing case. The court awaits the NIA’s reply.
New Delhi: The Delhi High Court on Thursday sought a response from the National Investigation Agency (NIA) on a plea by Jammu and Kashmir MP Rashid Engineer, who has requested interim bail to attend the upcoming Budget session of Parliament.
Justice Vikas Mahajan stated,
“Let the needful be done before the next date of hearing,”
while considering Rashid’s petition. The Budget session is scheduled to commence on January 31 and continue until April 4.
Rashid Engineer, who represents Baramulla in the Lok Sabha, has been in Tihar Jail since 2019 after being arrested by the NIA under the Unlawful Activities (Prevention) Act (UAPA) in a 2017 terror-funding case. His plea before the High Court seeks either interim bail or custody parole so he can perform his parliamentary duties.
His primary petition also requests the expedited disposal of his pending bail plea in the trial court or for the High Court to decide the matter directly.
Senior advocate Sidharth Luthra, appearing for the NIA, stated that he would seek instructions regarding the issue. He also informed the court that the High Court administration had filed a plea before the Supreme Court for clarification on the case’s jurisdiction.
The bail plea has faced procedural hurdles. In December 2023, Additional Sessions Judge Chander Jit Singh requested that the case be transferred to a court designated for lawmakers. However, when the district judge returned the case to him, he ruled that he could only decide miscellaneous applications, not the bail plea itself.
This led Rashid’s lawyer to argue before the High Court that the MP is left without legal recourse, as the trial court has declined to hear his bail plea while the MP/MLA court lacks jurisdiction over NIA cases.
Also Read: Supreme Court Upholds Centre’s Decision to Classify Medical Devices as ‘Drugs’
The NIA and Enforcement Directorate (ED) have accused Rashid Engineer of being involved in a terror-funding conspiracy linked to Pakistan-based terror outfits, including Lashkar-e-Taiba (LeT) and Hizbul Mujahideen. The case also involves 26/11 mastermind Hafiz Saeed and Hizbul Mujahideen leader Syed Salahuddin.
The ED filed a money laundering case based on the NIA’s FIR, which alleges that the accused were “conspiring to wage war against the government” and fomenting unrest in the Kashmir Valley.
The Delhi High Court will now await the NIA’s response before deciding on Rashid’s bail plea. Until then, the MP remains in custody, leaving his parliamentary constituency unrepresented during crucial sessions.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE