The National Investigation Agency on Wednesday informed the Patiala House Court on Wednesday of its decision to approach the Delhi High Court, seeking to transfer the authority of the MP/MLA court to the Special NIA Court.
This request aims to empower the NIA court to preside over the case involving Sheikh Abdul Rashid, now an MP, who is one of the accused in the Jammu and Kashmir terror funding case. The NIA’s legal team, led by Senior Advocate Siddharth Luthra, argued that under the NIA Act, only designated NIA courts have jurisdiction over cases registered under the Unlawful Activities (Prevention) Act (UAPA).
Transferring the case to an MP/MLA court, created after a Public Interest Litigation, could delay the trial.
The Patiala House Court has scheduled the next hearing for December 6, allowing the High Court to respond to the NIA’s request.
Meanwhile, Rashid’s interim bail application to attend the ongoing parliamentary session, along with his regular bail plea, remains pending. Rashid’s counsel highlighted that the delay in resolving bail pleas has caused significant hardships, emphasizing the need for an expedited trial.
Engineer Sheikh Abdul Rashid, a former legislator from Jammu and Kashmir and an independent MP from Baramulla, has been accused of participating in terror funding operations to support militant groups such as Lashkar-e-Taiba (LeT) and Hizbul Mujahideen. Rashid was arrested in 2019 under UAPA charges and has been in custody since then.
Despite his imprisonment, Rashid contested the 2024 parliamentary elections and won by a significant margin, defeating political heavyweights, including former Jammu and Kashmir Chief Minister Omar Abdullah.
The case against Rashid stems from the NIA’s investigation into a larger conspiracy involving militant groups allegedly supported by Pakistan’s ISI.
The agency claims that organizations like Lashkar-e-Taiba, Hizbul Mujahideen, and Jaish-e-Mohammed collaborated with separatist leaders, including Hafiz Saeed and others, to destabilize the region through violent means.
Funds, allegedly routed through hawala channels, were used to incite violence, attack civilians, and disrupt normalcy in Jammu and Kashmir.
Rashid is one of several high-profile accused in the case, which also includes Hafiz Saeed, Yasin Malik, Syed Salahuddin, and others. The charges include inciting unrest, targeting security forces, and using terror funding to fuel political violence under the guise of resistance.
The NIA court had earlier referred the matter to the District Judge, who is considering whether the case should be transferred to a designated MP/MLA court.
However, the NIA maintains that such a transfer would conflict with provisions under the NIA Act, urging that the Special NIA Court retain jurisdiction.
