The National Investigation Agency (NIA) on Tuesday opposed the interim bail plea of Baramulla MP Rashid Engineer, arguing that it was not maintainable and should be dismissed on merits.
Engineer Rashid, who is currently in Tihar Jail in connection with the Jammu and Kashmir terror-funding case, had filed the plea in the Delhi High Court seeking temporary release to attend the Parliament’s Budget session.
In its reply, the NIA said, “The present case is a classic case of misuse of Interim Bail provision which has to be used sparingly when intolerable grief and suffering is displayed by the concerned Accused.”
NIA further stated that the Applicant/ Rashid Engineer has not specified in what manner he will be able to serve his constituency and vague averment has been made that he intends to “serve the constituency” and therefore the same is not a valid ground for grant of any relief whatsoever.
“Moreover, the work done by the Applicant/ Accused is put to strict proof to the work done by the Applicant/ Accused in his constituency,” it said.
The Bench of Justice Vikas Mahajan sought response of the Registrar General of the High Court seeking clarification on the designation powers of MP/MLA courts to NIA courts.
Senior Advocate Sidharth Luthra appeared for NIA informed the court that an application had been filed with the Registrar General requesting an order to designate the NIA court as the MP/MLA special court. It was also stated that the Registrar General had approached the Supreme Court regarding the matter.
Meanwhile, Rashid’s counsel Senior Advocate N Hariharan argued that while his bail petition was heard in August, the subsequent issue of jurisdiction had left him without a remedy. The court has scheduled the next hearing for February 6.
Engineer has recently moved Delhi High Court seeking interim bail from January 31 to April 5, aligning with the Parliament’s session schedule.
The counsel for Rashid Engineer submitted that his entire constituency cannot go unrepresented for a long period as he was not granted interim bail during the last session as well. He pointed out that his regular bail is pending since September 2024.
However, the counsel for NIA pointed out that the issue regarding whether the NIA court can hear the case regarding the MP/MLAs and the High Court registry has approached the Supreme Court for clarification.
Recently, the Delhi High Court issued notice to the National Investigation Agency (NIA) on the Engineer’s plea which sought directions from the High Court to the trial court judge to expedite a decision on his pending regular bail application, or to adjudicate the matter.
Engineer has moved the High Court after Additional Sessions Judge (ASJ) Chander Jit Singh, the special judge assigned to NIA cases, declined to rule on his bail application on December 23. The judge stated that the court only had the authority to hear miscellaneous applications, not bail petitions.
Previously, the district judge returned the case to the ASJ court after a request from the ASJ for the matter to be transferred to a designated court for lawmakers, given Rashid Engineer’s status as an MP.
This transfer request was made with the consent of both the accused and the prosecuting agency, the National Investigation Agency (NIA). The district judge’s decision came after noting that the issue of court jurisdiction was still pending before the Delhi High Court. Until the High Court rules on jurisdiction, the ASJ court will continue to hear the case.
Both Rashid’s counsel and the NIA had agreed to keep the matter in the current court. In addition to the NIA’s case, the special judge had suggested moving a related money laundering case and Rashid’s regular bail application to the court designated for lawmakers.
Engineer Rashid, has recently surrendered at Tihar Jail after his interim bail expired. This is related to the 2017 Jammu and Kashmir terror funding case currently being investigated by the NIA.
Rashid was arrested in August 2019 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 channelled 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 destabilise the region and promote terrorism under the guise of political resistance. (ANI)
