MP Engineer Rashid seeks interim bail to attend Parliament Session

New Delhi: Lok Sabha MP Abdul Rashid Sheikh, also known as Engineer Rashid moved an application in Patiala House Court, New Delhi seeking interim bail to attend the ongoing parliament session. He is an MP from Baramulla, Kashmir and President of Awami Ittehad Party (AIP). He is in judicial custody in an NIA case.
Principal District and Sessions Judge of Patiala House Court issued notice and sought response from the NIA. The matter has been listed on November 27.
Engineer Rashid also addressed the court through video conferencing and submitted he needs interim bail to attend the parliament session.
Engineer Rashid submitted that he had been elected by his people. He was not allowed to attend last parliament session. "With folded hands I request that I may be granted interim bail," he submitted.
Another accused also submitted through video conferencing that they are not aware what happens in hearing when they appear through video conferencing. He requested to appear physically before the court.
Meanwhile, the Principal District and Sessions Judge Vimal Kumar Yadav of Patiala House Court has kept pending the jurisdiction for the purpose of hearing of an NIA case having public representatives (MP/MLA) as accused.
The counsel for NIA and accused persons made submissions that the case should not be transferred to an MP/MLA court as there is no such provision in NIA Act.
He also referred to a circular issued by the Central Government.
The special public prosecutor for Enforcement Directorate (ED) also submitted that the case should be kept in the same court.
Senior advocate Siddharth Luthra appeared for the NIA.
Advocate Vikhyat Oberoi, appearing for Engineer Rashid submitted that the bail plea is pending for 2-3 months, also that all accused persons want an expeditious trial.
The NIA special court, which is currently hearing the Jammu and Kashmir terror funding case, on November 21, recommended to transfer the case to a special court designated for MPs/MLAs, considering that one of the accused, Rashid Engineer, is now an MP.
The court had urged District Judge of Patiala House Court that the case be sent to a special designated judge for MPs/MLAs.
The court, while made recommendations for transfer, also sent all pending applications, including the regular bail plea of Rashid Engineer to the District Judge.
Engineer Rashid, Lok Sabha MP from Baramulla, Jammu and Kashmir, has recently surrendered at Tihar Jail after his interim bail expired. This is related to the Jammu and Kashmir terror funding case currently being investigated by the NIA.
In August 2019, Rashid was arrested under the Unlawful Activities (Prevention) Act (UAPA). During his incarceration, he filed his nomination for the 2024 parliamentary elections from jail and won by a margin of 204,000 votes, defeating former Jammu and Kashmir Chief Minister Omar Abdullah.
In 2022, the NIA Court of Patiala House Court ordered the framing of charges against Rashid Engineer and several other key figures, including Hafiz Saeed, Syed Salahuddin, Yasin Malik, Shabbir Shah, Masrat Alam, Zahoor Ahmed Watali, Bitta Karate, Aftab Ahmed Shah, Avtar Ahmed Shah, Naeem Khan, and Bashir Ahmed Butt (also known as Peer Saifullah).
The charges are part of an ongoing investigation into terror funding in Jammu and Kashmir, where the National Investigation Agency (NIA) alleges that various militant organizations, such as Lashkar-e-Taiba, Hizbul Mujahideen, Jaish-e-Mohammed, and JKLF, collaborated with Pakistan's intelligence agency, ISI, to orchestrate attacks on civilians and security forces in the region.
The NIA's investigation claims that in 1993, the All Party Hurriyat Conference (APHC) was formed to further separatist activities, with funding channeled through hawala and other covert methods. Hafiz Saeed, along with Hurriyat leaders, is accused of using these illicit funds to fuel unrest in Jammu and Kashmir, targeting security forces, inciting violence, burning schools, and damaging public property. The agency contends that these operations were designed to destabilize the region and promote terrorism under the guise of political resistance.