NIA Opposes Rashid Engineer's Interim Bail Plea to Attend Parliament's Budget Session

 NIA Opposes Rashid Engineer's Interim Bail Plea to Attend Parliament's Budget Session

The National Investigation Agency (NIA) has opposed the interim bail plea of Baramulla MP Rashid Engineer, arguing that his request to attend the Parliament's Budget Session is not maintainable. Rashid, currently lodged in Tihar Jail in connection with the Jammu and Kashmir terror-funding case, had approached the Delhi High Court seeking temporary release from January 31 to April 5.

NIA's Opposition to the Bail Plea

In its response, the NIA emphasized that interim bail should be granted only in cases of extreme hardship, stating that Rashid’s plea was a misuse of the provision. The agency further argued that Rashid had failed to specify how his attendance in Parliament would benefit his constituency, making his request vague and unjustifiable.

The NIA also challenged Rashid’s claim of serving his constituency, demanding proof of work to justify his release. The Bench of Justice Vikas Mahajan has sought clarification from the Registrar General of the High Court on whether an MP/MLA court can be designated as an NIA court for cases involving lawmakers.

Jurisdiction Battle: NIA vs. Rashid’s Legal Team

Senior Advocate Sidharth Luthra, representing the NIA, informed the Delhi High Court that an application had been filed requesting that the NIA court be designated as a special court for MP/MLA cases. The Registrar General has approached the Supreme Court for a final ruling on the matter.

On the other hand, Rashid’s counsel, Senior Advocate N Hariharan, argued that his client had no legal remedy as his regular bail plea has been pending since September 2024, and jurisdictional issues have left him in limbo.

Pending Court Decisions & Upcoming Hearing

The Delhi High Court has scheduled the next hearing for February 6. Rashid’s legal team contends that his constituency has been unrepresented for an extended period, as he was also denied bail during the last session.

In a related development, the Delhi High Court recently issued a notice to the NIA, directing the agency to respond to Rashid’s plea, which seeks an expedited decision on his pending regular bail application.

Meanwhile, the Additional Sessions Judge (ASJ) Chander Jit Singh, the special judge assigned to NIA cases, declined to rule on Rashid’s bail plea, stating that his court only had jurisdiction over miscellaneous applications, not bail petitions. The district judge had previously returned the case to the ASJ court, citing unresolved jurisdictional issues before the Delhi High Court.

Both Rashid’s counsel and the NIA had agreed to keep the matter in the current court until a final ruling on jurisdiction is made.

Background: Rashid Engineer’s Arrest and Charges

Engineer Rashid was arrested in August 2019 under the Unlawful Activities (Prevention) Act (UAPA) in connection with the 2017 Jammu and Kashmir terror-funding case. Despite his incarceration, he contested the 2024 parliamentary elections from jail and won by a margin of 204,000 votes, defeating former Jammu and Kashmir Chief Minister Omar Abdullah.

The Patiala House Court’s NIA Court had ordered the framing of charges in 2022 against Rashid Engineer and several high-profile individuals, including:

  • Hafiz Saeed (Founder of Lashkar-e-Taiba)
  • Syed Salahuddin (Leader of Hizbul Mujahideen)
  • Yasin Malik (JKLF Leader)
  • Shabbir Shah (Hurriyat Leader)
  • Masrat Alam, Zahoor Ahmed Watali, Bitta Karate, and others.

These charges stem from the NIA’s investigation into terror funding in Jammu and Kashmir, alleging that groups like Lashkar-e-Taiba, Hizbul Mujahideen, Jaish-e-Mohammed, and JKLF collaborated with Pakistan’s intelligence agency, ISI, to fund and orchestrate attacks on civilians and security forces.

The NIA’s Terror-Funding Investigation

According to the NIA’s findings, the All Party Hurriyat Conference (APHC) was formed in 1993 to advance separatist activities in Jammu and Kashmir. The agency alleges that funding was channeled through hawala networks and other illicit means, with figures like Hafiz Saeed playing a key role.

The NIA claims that these terror funds were used to incite violence, attack security forces, burn schools, and damage public property—all in an attempt to destabilize Jammu and Kashmir under the guise of political resistance.

Conclusion: A Case with Far-Reaching Implications

The legal battle surrounding Rashid Engineer’s bail plea is not just a judicial matter but a significant political and national security issue. While Rashid’s legal team argues for his right to represent his constituency, the NIA maintains that his alleged involvement in terror funding poses a serious security threat.

With the next hearing set for February 6, all eyes are on the Delhi High Court and the Supreme Court’s decision on jurisdiction—a ruling that could impact not just Rashid Engineer’s fate but also the legal framework for handling cases involving MPs and MLAs under anti-terror laws.

Stay tuned for more updates. 🚨⚖️

Location: Pune, Maharashtra, India

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