Delhi HC Reserves Verdict on Engineer Rashid’s Interim Bail Plea
The Delhi High Court has reserved its verdict on a plea filed by Lok Sabha MP Engineer Rashid, seeking interim bail or, alternatively, custody parole to attend the ongoing Parliament session.
The Delhi High Court has reserved its verdict on a plea filed by Lok Sabha MP Engineer Rashid, seeking interim bail or, alternatively, custody parole to attend the ongoing Parliament session.
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Election Victory and Incarceration
Engineer Rashid, who won the Lok Sabha election from J&K’s Baramulla constituency by defeating National Conference (NC) Vice President and now Chief Minister Omar Abdullah by over two lakh votes, remained lodged in Tihar Jail during the election. He is accused in a terror funding case being investigated by the National Investigation Agency (NIA).
Court Hearing and Arguments
A bench of Justice Vikas Mahajan reserved its decision after hearing oral arguments from the counsel representing the federal anti-terror agency and Engineer Rashid’s lawyer.
Senior advocate Sidharth Luthra, appearing on behalf of the NIA, argued that there are security concerns and that custody parole is not a vested right of a legislator. The bench, led by Justice Mahajan, remarked, “He (Rashid) is an elected Member of Parliament. What is the difficulty in sending him into custody?” The court sought further instructions from the NIA on the matter.
Engineer Rashid’s Plea for Bail
Engineer Rashid has petitioned the Delhi High Court, requesting the trial court judge to expedite a decision on his pending regular bail application or to decide the matter itself. Previously, a court had recommended transferring his case to the MP/MLA court, considering Rashid’s status as an elected MP.
In his plea before the Delhi HC, Rashid requested interim bail to attend the ongoing Budget session of Parliament, which began on January 31 and will conclude on April 4. Alternatively, he has prayed for custody parole if interim bail is not granted.
Opposition by NIA
The NIA has opposed Engineer Rashid’s plea for interim bail.
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Registry’s Response on Court Designation
On Tuesday, the Delhi High Court asked for a reply from its registry regarding the designation of the appropriate court to hear Rashid’s bail plea. Following the NIA’s submission that they had made a representation to the registry in November last year concerning the designation of the NIA court to hear cases against lawmakers, the court issued a notice to the Registrar General to ascertain the status of the matter. The matter was posted for hearing on February 6.
During Thursday’s hearing, counsel for the Registrar General stated that an application had been filed before the Supreme Court seeking clarification on the issue of court designation. The issue will be mentioned before the Chief Justice of India (CJI) on Friday for urgent listing.
Background on Engineer Rashid’s Arrest
Engineer Rashid was arrested by the NIA in 2019 under the Unlawful Activities (Prevention) Act (UAPA). The Enforcement Directorate (ED) also filed a money laundering case against him and others based on the NIA’s FIR, accusing them of conspiring to wage war against the government and causing trouble in Jammu and Kashmir.
Rashid has previously represented the Langate Assembly constituency in J&K twice, and his brother, Sheikh Khurshid Ahmad, won the 2024 Assembly election from Langate.
