The Delhi High Court, on February 24, directed the National Investigation Agency (NIA) Court to promptly decide the bail application of Jammu and Kashmir MP Engineer Rashid in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA).
Justice Vikas Mahajan stated:
"The ASJ-03, Patiala House Court is requested to dispose of the bail application of the petitioner expeditiously."
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The directive came after Rashid’s legal counsel withdrew a plea that sought an immediate ruling from the trial court on his second regular bail application. Rashid argued that no alternative remedy was available after the NIA court declined to adjudicate his bail plea following his election as an MP.
Justice Mahajan emphasized that an administrative order by the Delhi High Court had already clarified that the NIA court should continue hearing the case, thereby resolving any jurisdictional confusion.
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Earlier this month, the High Court granted Rashid a two-day custody parole to allow him to attend Parliament. In his petition, Rashid sought directions for the trial court to expedite the decision on his bail plea. As an alternative, he requested the High Court to consider his writ petition as his second regular bail plea.
The legal issue arose in December when the Additional Sessions Judge (ASJ) handling the UAPA case ruled that while it could decide on Rashid’s miscellaneous applications, it could not adjudicate his regular bail plea. The ASJ then urged the District Judge to transfer the case to an MP/MLA-designated court, following Rashid’s election to the Lok Sabha in 2024.
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Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections. However, he has been in Tihar Jail since 2019 after the NIA arrested him under UAPA in a 2017 terror-funding case.
“Rashid has been in custody since 2019, facing serious allegations under the UAPA in connection with terror funding,” the prosecution stated.
Title: Abdul Rashid Sheikh v. NIA
