The Supreme Court clarified that the NIA court in Delhi can continue hearing the case of Engineer Rashid. He was arrested in 2019 under the Unlawful Activities (Prevention) Act (UAPA) in a terror funding case. Rashid remains in jail as an accused in the matter. The ruling affirms the jurisdiction of the NIA court over the proceedings.
New Delhi: The Supreme Court clarified that the Special Court established under the National Investigation Agency (NIA) Act is permitted to continue hearing the case against Baramulla Member of Parliament (MP) Engineer Rashid, which is filed under the Unlawful Activities (Prevention) Act (UAPA).
This clarification arose after the NIA Court, which had reserved a decision on Rashid’s bail plea, released the matter, stating that only a designated MP/MLA Court could hear the case.
Subsequently, the Delhi High Court, through its Registrar General, sought the Supreme Court’s permission to allow the NIA Court to proceed with the case rather than transferring it to the designated MP/MLA Court.
On February 10, a Bench comprising Justice Dipankar Datta and Justice Manmohan granted the High Court’s application, noting that the trial against Rashid had commenced prior to his election last year.
The court stated,
“Since the trial against the relevant Member of Parliament had commenced even before his election and as of now, 21 witnesses have been examined by the prosecution before the Special Court constituted under the National Investigation Agency (Amendment) Act, 2019, in the special facts and circumstances that have been projected before us, we grant clarification as prayed by the Registrar General.”
Rashid had previously requested the High Court for a swift resolution of his outstanding bail plea and sought interim bail or custody parole to attend the ongoing Budget Session. On February 11, Justice Vikas Mahajan granted him custody parole until February 13, allowing him to appear in the Lok Sabha.
Additionally, Justice Mahajan instructed the counsel for the High Court to submit the Supreme Court’s order and any related notifications regarding the designation of the trial court. Rashid’s plea is scheduled for further hearing on February 24.
Notably, he won the Baramulla Lok Sabha seat by defeating current Jammu and Kashmir Chief Minister Omar Abdullah by over two lakh votes, and he was previously granted interim bail to campaign for assembly elections in Jammu and Kashmir.
Rashid has been incarcerated in Tihar jail since 2019 after being arrested by the NIA under the Unlawful Activities (Prevention) Act (UAPA) in connection with a 2017 terror funding case.
The Jammu and Kashmir Assembly elections, comprising 90 seats, were conducted in three phases between September 18 and October 1, with the National Conference-Congress alliance winning 48 seats, as announced on October 8.
Engineer Rashid, the Member of Parliament from Baramulla, Jammu and Kashmir, is represented by advocate Vikhyat Oberoi in his legal proceedings.