Today, On 4th February, The Delhi High Court sought clarification from the Supreme Court on who will hear Engineer Rashid’s bail plea. Rashid, who was arrested in 2019, is currently in jail facing charges under the Unlawful Activities (Prevention) Act (UAPA) in a terror funding case. The legal proceedings have raised jurisdictional questions regarding his bail application. The court’s decision will determine the next course of action in his case.
New Delhi: The Delhi High Court approached the Supreme Court for clarification regarding which trial court is authorized to hear the bail plea filed by Baramulla Member of Parliament (MP) Engineer Rashid, who is currently incarcerated in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA).
The National Investigation Agency (NIA) Court, which had been considering Rashid’s bail plea, recently stated that only a designated MP/MLA Court is competent to hear his case and subsequently released the matter.
Justice Vikas Mahajan instructed the Registrar General of the High Court to clarify the issue and scheduled a hearing for February 6.
During today’s proceedings, the Court was reviewing Rashid’s request for a prompt resolution of his pending bail plea and his application for interim bail to attend the ongoing Budget Session of Parliament.
Senior Advocate N. Hariharan advocated for interim bail, referencing previous instances when Rashid was temporarily released to campaign during the Jammu and Kashmir elections.
Hariharan stated,
“I am prepared to meet all the objections. I am only asking for interim bail. We can discuss the merits later,”
Senior Counsel Sidharth Luthra opposed the bail request, but the Court noted that Rashid had been granted interim bail multiple times without any allegations of misuse. Luthra, representing the NIA, responded that under the NIA Act, he must appeal for bail before a Division Bench.
Hearing this, Hariharan clarified that Rashid cannot approach the Division Bench since the trial court has not yet issued any order either granting or denying his bail plea.
He explained,
“There was an interlocutory order which cannot be appealed against,”
Expressing frustration over the jurisdictional confusion, Hariharan remarked,
“The MP/MLA court was created for quick resolution. Can I be held without a trial?”
Rashid previously won the Baramulla Lok Sabha seat by defeating Jammu and Kashmir Chief Minister Omar Abdullah by over two lakh votes. Last year, he was granted interim bail by the trial court to campaign for the assembly elections in Jammu and Kashmir.