'Not Maintainable': Delhi High Court Rejects Jailed MP Engineer Rashid's Appeal Against Order Framing Charges In UAPA Case

The Delhi High Court on Wednesday (January 28) dismissed an appeal preferred by jailed Jammu and Kashmir MP Engineer Rashid challenging an order framing charges against him in a UAPA case, stating that it is an interlocutory order against which appeal is not maintainable.

In doing so, the court referred to a coordinate bench's decision in December 2025 which had held that a charge order cannot be challenged in appeal under NIA Act as it is interlocutory in nature.

Rashid's appeal challenges a 16.03.2022 trial court order framing charges under IPC Section 120B(criminal conspiracy), 121(Waging or attempting to wage war or abetting waging of war against the Government of India), 121A(Conspiracy to commit offences punishable by section 121) and Section 13(Punishment for unlawful activities), 15(Terrorist act), 17 (Punishment for raising funds for terrorist act) and 18 (Punishment for conspiracy, etc) UAPA.

After taking note of coordinate bench's order, a division bench of Justice Prathiba M Singh and Justice Madhu Jain in its order dictated:

"In the present appeal the challenge was to the charge order dated 16-3-2022 and the formal charge dated 10-5-2022 framed in NIA RC No. 10 of 2017. The further prayer for discharging the appellant for the said charges which have been framed. The senior counsel for the NIA has placed before the court a decision of the coordinate bench in a bunch of appeals, Criminal Appeal 199 of 2021 Shahid Yusuf v.s NIA wherein it has been observed as under..."

For context a coordinate bench had held in Shahid Yusuf's case that order framing charges against accused is interlocutory in nature and cannot be challenged in appeal under Section 21 of National Investigation Agency Act. It had said that the term “order” in Section 21(1) refers to a final order and not an interlocutory or intermediate order.

The bench thereafter said, "In view of the...an order framing a charge would be a interlocutory order...and hence an appeal would not be maintainable. In view thereof, the present appeal would also not be maintainable and is accordingly dismissed, as being not maintainable".

The bench also noted that in view of the appeal on merits itself will not be maintainable, the court has not gone into the aspect of delay in filing the appeal against charge order.

Rashid has also filed another appeal challenging a 21.03.2025 trial court order rejecting his bail in a case pertaining to offences under IPC Sections 120B/121/121A and various provisions of the UAPA. This matter has been listed on February 19.

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 an alleged terror-funding case.

Case title: ABDUL RASHID SHEIKH VS. NATIONAL INVESTIGATION AGENCY

CRL.A. 672/2025(bail) and CRL.A. 673/2025