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The Delhi High Court on Thursday directed the National Investigation Agency (NIA) to clarify its position on an application filed by Baramulla MP Engineer Rashid, seeking custody parole to attend the ongoing parliamentary session amid a jurisdictional dispute.
Justice Vikas Mahajan has scheduled the hearing for February 7. Rashid, currently incarcerated in Tihar Jail under charges related to the Unlawful Activities (Prevention) Act (UAPA), primarily seeks interim bail.
During proceedings, the Delhi High Court acknowledged that the Registrar General has submitted an application to the Supreme Court regarding the appropriate judicial authority to hear Rashid’s bail plea in an NIA case.
This issue emerged after the Special NIA Court recently declined jurisdiction, asserting that the case should be heard by the MP/MLA court since Rashid is now a Member of Parliament.
The Registrar General’s counsel informed the court that the matter would be mentioned before the Supreme Court for urgent listing.
Previously, the NIA opposed Rashid’s interim bail plea, arguing that it was legally unsustainable and lacked merit. The agency stated, “The present case is a classic case of misuse of the Interim Bail provision, which should be invoked only in cases of extreme hardship and suffering.” The NIA further contended that Rashid had not provided a specific justification for how he intended to serve his constituency while out on bail.
Senior Advocate N. Hariharan, representing Rashid, countered that his client had been left without legal recourse due to the jurisdictional ambiguity. He emphasized that Rashid’s constituency should not remain unrepresented for an extended period, particularly as his regular bail petition has been pending since September 2024.
Rashid approached the High Court after Additional Sessions Judge Chander Jit Singh, designated for NIA cases, declined to adjudicate his bail application on December 23, stating that his court could only handle miscellaneous applications, not bail petitions.
Arrested in August 2019 under UAPA, Rashid contested the 2024 parliamentary elections from jail and won by a margin of 2,04,000 votes, defeating former Jammu and Kashmir Chief Minister Omar Abdullah.
In 2022, the NIA Court at Patiala House ordered the framing of charges against Rashid and several others, including Hafiz Saeed, Syed Salahuddin, Yasin Malik, Shabbir Shah, Masrat Alam, Zahoor Ahmed Watali, Bitta Karate, Aftab Ahmed Shah, Avtar Ahmed Shah, Naeem Khan, and Bashir Ahmed Butt (Peer Saifullah). These charges are linked to an ongoing probe into terror financing in Jammu and Kashmir.
The NIA alleges that militant groups, including Lashkar-e-Taiba, Hizbul Mujahideen, Jaish-e-Mohammed, and JKLF, collaborated with Pakistan’s intelligence agency, ISI, to orchestrate attacks on civilians and security forces in the region. According to the agency, the All Party Hurriyat Conference (APHC) was established in 1993 to further separatist activities, funded through hawala networks and other clandestine means.
The investigation claims that figures like Hafiz Saeed worked alongside Hurriyat leaders to funnel illicit funds into Jammu and Kashmir, inciting violence, targeting security forces, and orchestrating the destruction of public property to destabilize the region under the pretext of political resistance.
The upcoming hearing on February 7 will determine the next steps in Rashid’s legal battle.
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