Baramulla MP Rashid Engineer moves Delhi High Court against charges in terror funding case. Court issues notice to NIA, next hearing on October 6.
New Delhi: On July 31, the Delhi High Court issued a notice to the National Investigation Agency (NIA) on a petition filed by Member of Parliament (MP) Engineer Rashid challenging the framing of charges against him in a terror funding case. The matter will now be heard on October 6.
The Court also transferred his plea for modification of the custody parole order to the roster bench for further hearing on August 6.
A division bench of Justices Vivek Chaudhary and Shalinder Kaur heard the petition and issued the notice to the NIA, seeking a response to Rashid’s plea against the trial court’s decision. Special Public Prosecutor (SPP) Akshai Malik accepted the notice on behalf of the NIA.
In addition to this, Rashid’s regular bail petition is also pending and will be heard on the same day as the plea challenging the framing of charges.
The case involves serious allegations linked to terror funding and connections with Hafiz Saeed, for which Rashid is currently in judicial custody.
During the hearing, Rashid’s lawyers also sought interim bail or an extension of custody parole to allow him to attend the ongoing Parliament session.
Earlier, on July 22, the Special NIA Court at Patiala House had rejected his interim bail plea but granted him custody parole from July 24 to August 4, specifically for attending Parliament.
The Delhi High Court remarked during the hearing that,
“the arguments are the same, so it’s better that you press for modification of the earlier order.”
This was in response to Rashid’s counsel filing a fresh application for interim relief. Accepting the Court’s suggestion, Senior Advocate N Hariharan, appearing for Rashid, said,
“in the alternative, interim bail has been sought,”
and urged that the matter be listed before the same roster bench that had passed the earlier custody parole order.
The court had already observed in the previous hearing on July 29 that,
“the application for modification of the earlier order is still pending. The issue with the fresh application remains the same. We cannot hear the same issue again.”
The judges also stated,
“it had been considered earlier by the predecessor division bench. You should press the modification plea.”
Earlier, on July 25, the Delhi High Court had issued a notice to the NIA on Rashid’s interim bail plea.
Rashid is seeking either interim bail or an extended custody parole from July 23 to August 21 to attend the entire Monsoon session of Parliament, stating that the earlier custody parole was
“granted for a limited period.”
He has also requested the Court to cancel the condition where he has to bear his own travel and security-related expenses.
The Special NIA Judge had earlier ruled that, during his parole, Rashid must cover all related expenses and follow certain conditions.
In front of the Special Court, his legal team argued that the trial court had earlier granted him interim bail on September 10, 2024, to campaign for state elections, and that the bail was extended three times.
Therefore,
“he cannot be considered a security threat.”
Rashid’s counsel further submitted that the Delhi High Court had earlier permitted him to attend Parliament in custody twice — on February 10 and March 25 — during which “he duly participated.”
However, the NIA has opposed his fresh plea, stating that “an interim order should not be granted.” They also argued that
“if he is allowed to attend in custody, he should pay travel expenses.”
Rashid’s lawyers disagreed, arguing that he is attending Parliament as part of his public duty and not for personal reasons.
They pointed out that
“on earlier occasions Engineer Rashid was also granted permission to attend Parliament sessions and to take the oath.”
This case continues to raise questions about the balance between national security concerns and the rights of elected representatives to fulfill their constitutional duties.
The next important hearing on custody parole is scheduled before Justice Anup Jairam Bhambhani on August 6, subject to the approval of the Chief Justice, while the main plea against the framing of charges will be taken up on October 6.
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