The Delhi High Court on Thursday directed the National Investigation Agency to present its official position regarding an application filed by Baramulla Member of Parliament Engineer Rashid, who seeks custody parole to participate in the ongoing parliamentary session amid jurisdictional uncertainty.
Justice Vikas Mahajan has scheduled the matter for hearing on February 7. Rashid, currently detained in Tihar Jail under charges framed pursuant to the Unlawful Activities (Prevention) Act (UAPA), seeks interim bail to discharge his parliamentary responsibilities.
During proceedings, the High Court noted that the Registrar General has petitioned the Supreme Court for clarification on the appropriate judicial authority competent to adjudicate Rashid’s bail plea in an NIA case.
This jurisdictional ambiguity arose when the Special NIA Court declined to entertain the matter, asserting that the case falls within the purview of the MP/MLA court following Rashid’s election to Parliament.
The counsel representing the Registrar General informed the court that the issue would be placed before the Supreme Court for urgent consideration.
The NIA has vigorously opposed Rashid’s request for interim bail, asserting that it lacks substantive legal merit.
The agency contended, “This case exemplifies the misuse of interim bail provisions, which are intended for exceptional cases involving severe hardship and suffering.” Furthermore, the NIA argued that Rashid had not sufficiently articulated how his temporary release would facilitate his parliamentary duties, deeming his rationale vague and unsubstantiated.
Senior Advocate N. Hariharan, representing Rashid, countered that jurisdictional uncertainty had effectively rendered his client without legal recourse. He emphasized that Rashid’s prolonged incarceration has left his constituency unrepresented, a concern further compounded by the extended pendency of his regular bail application, which remains unresolved since September 2024.
Rashid’s petition before the High Court follows a December 23 ruling by Additional Sessions Judge Chander Jit Singh, the designated special judge for NIA cases, who declined to adjudicate his bail application, stating that his court is only empowered to hear miscellaneous applications, not substantive bail pleas.
Arrested in August 2019 under the UAPA, Rashid contested the 2024 parliamentary elections from incarceration and secured victory with a decisive margin of 2,04,000 votes, defeating former Jammu and Kashmir Chief Minister Omar Abdullah.
In 2022, the NIA Court at Patiala House formally framed charges against Rashid and several other high-profile individuals, 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 investigation into terror financing networks operating in Jammu and Kashmir.
According to the NIA, militant organizations such as Lashkar-e-Taiba, Hizbul Mujahideen, Jaish-e-Mohammed, and the Jammu and Kashmir Liberation Front (JKLF) conspired with Pakistan’s intelligence agency, the Inter-Services Intelligence (ISI), to orchestrate violent attacks targeting civilians and security forces in the region.
The agency further alleges that the All Party Hurriyat Conference (APHC), established in 1993, served as a key instrument in furthering separatist objectives, utilizing illicit financial networks, including hawala transactions, to facilitate subversive activities.
The investigative findings suggest that individuals such as Hafiz Saeed collaborated with Hurriyat leaders to channel unlawfully acquired funds into Jammu and Kashmir, inciting unrest, targeting security forces, and orchestrating systematic destruction of public infrastructure, all under the guise of political resistance.
February 7 hearing is expected to provide judicial clarity on the jurisdictional conflict and establish the legal trajectory for Rashid’s ongoing legal proceedings.
