LawChakra

[2016 Terror Funding Case] Court Rejects Baramulla MP Rashid’s Interim Bail Plea to Take Oath as Parliament Member

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Yesterday, On 23rd June, Baramulla MP Engineer Rashid has been denied court relief to take his oath as a Member of Parliament. Rashid, who contested as an independent candidate, achieved a significant victory. He defeated former J&K Chief Minister Omar Abdullah by a margin of over two lakh votes. Despite his electoral success, Rashid faces legal hurdles preventing him from assuming office.

New Delhi: A Delhi court on Saturday postponed the interim bail plea hearing of jailed Kashmiri leader and Baramulla MP Sheikh Abdul Rashid, also known as Engineer Rashid, to July 1, allowing the NIA additional time to respond to the petition.

Rashid, currently held in Tihar jail following his 2017 arrest in a J&K terror funding case, previously sought interim bail from the Patiala House Court in Delhi to take his oath as an MP. According to the provisional Lok Sabha schedule, MPs expected to take their oaths on June 24 and 25.

Running as an independent candidate, Rashid secured a significant victory over former J&K Chief Minister Omar Abdullah, winning by a margin of over two lakh votes.

Vikhyat Oberoi, representing Rashid, informed that he had submitted an application for interim bail or custody parole for Rashid to attend his swearing-in and other parliamentary duties, which opposed by the NIA.

Advocate Vikhyat Oberoi argued for Rashid’s release on bail, stating,

“He is the person who won the election with a vast majority. People love him and want him to fight in parliament democratically.”

He continued,

“It is my (Rashid’s) constitutional duty to take the oath. I am compelled to beg before them for taking the oath. This is really shameful. The court may direct the jail authorities to contact the Lok Sabha Secretariat, direct NIA to contact the Lok Sabha Secretariat, or direct the Lok Sabha Secretariat to specify the date on which Rashid may take the oath.”

The NIA stated,

“They are currently consulting with Parliament and Tihar jail authorities regarding the applicant’s request for his oath ceremony.”

During the hearing, the judge noted that the charges against Rashid were distinct from those against AAP leader Sanjay Singh, who is also an accused in the “Delhi excise scam” money laundering case.

Baramulla MP Engineer Rashid

This observation made in response to a submission by Rashid’s counsel, who mentioned that Singh recently granted custody parole to take his oath as a Rajya Sabha MP.

The newly elected Lok Sabha MPs scheduled to take their oaths on June 24, 25, and 26.

Sheikh Abdul Rashid, commonly known as Engineer Rashid, arrested in 2016 in connection with a terror funding case under the UAPA law. Since his arrest, he has been held in Tihar Jail.

Rashid’s involvement in the case emerged during the investigation of Kashmiri businessman Zahoor Watali, who arrested by the NIA for financing terrorist groups and Kashmiri separatists. The NIA’s chargesheet also named Yasin Malik, Lashkar-e-Taiba founder Hafiz Saeed, and Hizbul Mujahideen chief Syed Salahuddin.

In the recent Lok Sabha elections, Rashid contested from the Baramulla seat and secured a decisive victory over former J&K Chief Minister Omar Abdullah.

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