A Delhi court on Friday rejected the bail application of Lok Sabha MP from Jammu and Kashmir’s Baramulla constituency, Engineer Rashid, in a terror funding case.
Court Decision
Additional Sessions Judge Chander Jit Singh announced the decision, stating, “The bail plea is dismissed.” Rashid, who has been in custody since 2019, remains lodged in Tihar Jail after being arrested by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA) in connection with a 2017 terror funding case.
Case Background
Engineer Rashid, also known as Sheikh Abdul Rashid, was charged with alleged involvement in terror funding activities aimed at supporting separatists and terror groups in Jammu and Kashmir. His name emerged during the investigation of businessman and co-accused Zahoor Watali. Following his chargesheet in October 2019, a special NIA court framed charges against Rashid in March 2022. These included criminal conspiracy, waging war against the government, sedition, and various UAPA-related offenses.
In September 2020, Rashid was granted interim bail to allow him to participate in Jammu and Kashmir’s assembly elections, which were held in three phases from September 18 to October 1, 2020. The trial court had extended his interim bail till October 28 on the grounds of his father’s health, after the NIA verified his documents and did not oppose the plea.
During the 2020 elections, the National Conference-Congress alliance won a clear majority, securing 48 seats in the 90-member Jammu and Kashmir Assembly. Despite this, Rashid has remained in legal proceedings related to his terror funding case.
High Court’s Consideration Of Rashid’s Plea
On March 25, the Delhi High Court is set to hear Rashid’s plea to attend the ongoing Parliament session. This request follows a March 10 order by the trial court, which denied him custody parole or interim bail to attend the Lok Sabha proceedings until April 4.
In a reply filed on March 17, the NIA opposed the plea, arguing that granting Rashid permission to attend Parliament would allow him to use his status as an MP to circumvent the consequences of his imprisonment. The NIA maintained that Rashid could not be given interim bail or custody parole while in lawful custody, citing his potential influence on witnesses and the ongoing nature of the investigation.
Under Section 43D(5) of the UAPA, the NIA argued that bail cannot be granted if there are reasonable grounds to believe the accusations against the accused are prima facie true. The agency also emphasized that Rashid is a “highly influential” figure, which could pose risks to the integrity of the case.
Rashid’s Plea & Support
Rashid’s counsel has requested that the high court allow him to attend the ongoing Parliament session on custody parole, similar to the two-day reprieve granted earlier. Custody parole, which would require Rashid to be escorted by armed police personnel, has been a subject of legal contention due to his ongoing trial and the nature of the charges against him.
Political Career & Allegations
In the 2024 Lok Sabha elections, Engineer Rashid made headlines by defeating prominent politician Omar Abdullah, marking a significant victory for the Baramulla MP. However, Rashid continues to face trial in the terror funding case, where he is accused of financially supporting separatist activities and terror factions in Jammu and Kashmir.
The legal battle for Rashid is far from over, as both the trial court’s decision and the pending high court hearing will determine the future course of his involvement in parliamentary proceedings and his ongoing detention in the terror funding case.
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