The Delhi High Court has asked the National Investigation Agency (NIA) to share its reply on a plea by Jammu and Kashmir MP Engineer Rashid. Rashid, who won the 2024 elections from Baramulla, wants temporary bail to attend the Parliament’s Budget Session, which started on January 31 and ends on April 4.
Engineer Rashid has been in Delhi’s Tihar Jail since 2019. The NIA arrested him under the Unlawful Activities Prevention Act (UAPA) in a 2017 case linked to terror funding in Jammu and Kashmir. Despite being in jail, Rashid won the Lok Sabha election by a large margin, defeating former Chief Minister Omar Abdullah.
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What Happened in Court?
During the hearing, Justice Vikas Mahajan told NIA’s lawyer, Siddharth Luthra, to explain the agency’s stand on Rashid’s bail plea. The court stressed the need for a quick decision, as Rashid is an elected MP and must attend Parliament.
Rashid’s Lawyer (N. Hariharan):
“My voters cannot have no representation. I missed one session already. The Budget Session is important—what should I do? I won’t run away. I respect this country.”
Hariharan said the trial court refused to hear Rashid’s bail plea earlier because only a special court for MPs/MLAs can decide such cases. The case is yet to be moved to this special court.
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Why the Delay in the Bail Decision?
In December 2023, the trial court said it couldn’t decide on Rashid’s regular bail plea. It asked the District Judge to shift the case to a special court for MPs/MLAs. This step is still pending.
The NIA argued against Rashid’s plea:
NIA’s Lawyer (Siddharth Luthra):
“Being an MP doesn’t mean you can automatically go to Parliament. The law has rules for appeals, so this plea isn’t valid.”
Luthra also shared that the NIA is waiting for the Supreme Court’s guidance on whether special courts can handle cases against MPs.
Temporary Bail Earlier for Elections
Last year, Rashid got temporary bail to campaign for Jammu and Kashmir’s Assembly elections. Now, he wants similar relief to attend Parliament. If bail is denied, he asks for temporary release during the Budget Session.
The High Court may hear the case next on January 31 or February 3. The decision could affect how elected leaders under trial balance their legal issues and public duties.
Justice Mahajan’s Statement:
“We need to find a way. A special court for MPs isn’t a favor—it’s necessary for fairness.”
