Delhi HC asks for NIA reply on Engineer Rashid bail plea

The Delhi High Court on Thursday sought NIA’s response on the bail plea of Baramulla MP Engineer Rashid in a terror funding case.

A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar issued notice on the parliamentarian’s plea against a trial court order refusing him bail on March 21.

The bench also asked the National Investigation Agency (NIA) to respond to Rashid’s separate plea challenging the framing of charges in the case.

Rashid, who is facing trial for allegedly funding separatists and terror groups in Jammu and Kashmir, sought bail citing a delay in trial and the inability to perform his duty as a Lok Sabha MP.

The counsel for National Investigation Agency (NIA) said he would file a reply to the bail plea but objected to the maintainability of the plea against charges citing “substantial delay”.

The court clarified that in the appeal against the charges, NIA’s reply should restrict itself only to the question of a delay of around 1,100 days in mounting the challenge.

Rashid’s lawyer said the timeframe of 90 days for filing an appeal under the law was not sacrosanct when it concerned the issue of life and liberty of an individual.

The court posted the hearing on July 29.

Rashid has been lodged in Tihar Jail since 2019 after he was arrested by the NIA under the Unlawful Activities (Prevention) Act in the 2017 terror funding case.

On March 21, the trial court dismissed Rashid’s second regular bail application.

In the appeal against the decision, the J&K MP said he had already spent over five years in custody and the delay in trial, which was unlikely to be concluded soon, entitled him to be released on bail.

The plea further contended that the allegations against him were baseless as he was never involved in secessionist and terrorist activities.

“The appellant is a main-stream political leader of J&K having been elected twice as an MLA and recently as an MP. Due to his passionate engagement in mainstream politics, he became a potential target for those who preached separatist ideologies including militant outfits, labelling him as a traitor,” his plea said.

The plea added, “A mere political comment made on the hanging of Afzal Guru showing disapprobation of the measures of the government or criticising a judgement of the courts cannot be construed to mean as an association with terrorists much less any association which has a nexus with the commission of any unlawful or terrorist activity.”

Rashid also sought bail to enable him to attend the Lok Sabha sessions, saying his presence was imperative as he represented 45 per cent of the Kashmir Valley and had been “assigned the role to act as a bridge between the Parliament and the people of his constituency”.

The NIA alleged Rashid raised, received and collected funds through illegal means to fund separatist and terrorist activities in Jammu and Kashmir and for causing disruption in the Valley by way of pelting stones on the security forces, burning schools, damaging public property and waging war against India.

Also Read: Delhi court rejects custody parole plea of J&K MP Engineer Rashid

His name cropped up during the interrogation of businessman and co-accused Zahoor Watali.

The NIA alleged Rashid used public platforms to promote separatist ideology and played a role in inciting violence against security forces in the region.

After being chargesheeted in October 2019, a special NIA court framed charges against him in March, 2022.

Charges were framed in the case against Rashid and others in 2022 under Sections 120B (criminal conspiracy), 121 (waging war against the government), 124A (sedition) of IPC and for offences relating to terrorist acts and terror finding of UAPA.