Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case

Jammu and Kashmir MP Rashid Engineer on Wednesday moved the Delhi High Court seeking expeditious ruling by the trial court on his second regular bail plea in connection with a terror funding case. Justice Vikas Mahajan sought response of the National Investigation Agency (NIA) and listed the matter for hearing next on January 30. Rashid has sought directions to the trial court judge to expedite a decision on his pending regular bail application. In the alternative, he has prayed that the writ petition be treated as his second regular bail application and be decided by the High Court. The development ensued after the ASJ, which was adjudicating the UAPA case, in December last year said that it could only decide Rashid's miscellaneous application but not his regular bail application.The Additional Sessions Judge Court had then requested the District Judge to transfer the UAPA case to a MP/MLA designated court designated after Rashid became an MP.During the hearing today, Senior Advocate N Hariharan appeared for Rashid and said that at present, there is no Court to adjudicate the bail application. He said that the trial court heard the bail application in detail and reserved the order but “suddenly” said that since it was not an MP/MLA Court, it had no jurisdiction to decide the bail. I can't be without redress, he said. NIA special counsel Akshai Malik submitted that in November last year, the central probe agency had requested the Registrar General of the High Court over designation of MP MLA Court but the issue was still pending. Hariharan said that there was urgency in the matter as the fourth parliamentary session was upcoming after seven days. “21 witnesses examined (by the trial court) and then you (trial court judge) come to this conclusion …. I became MP in June 2024. Before that I was MLA on two occasions. You continued to hear me even when the charges were framed,” Hariharan said. Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections and has been lodged in Tihar Jail since 2019 after the NIA arrested him under the Unlawful Activities (Prevention) Act in the 2017 terror-funding case.Rashid has been in jail since 2019 after he was charged by NIA under the Unlawful Activities (Prevention) Act in alleged terror funding case.Title: Abdul Rashid Sheikh v. NIA

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case

Nupur Thapliyal

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