New Delhi: The Delhi High Court on Tuesday issued notice to its registrar general on the issue of designation of a court to hear the bail plea of Jammu and Kashmir MP Rashid Engineer in a terror funding case.
Justice Vikas Mahajan was hearing Rashid’s petition alleging that he had been left without any remedy after the NIA court dealing with his bail application left him in a limbo post his election to the Lok Sabha last year on account of it not being a special MP-MLA court.
Counsel for the NIA opposed Rashid’s plea seeking interim bail to attend the ongoing Parliament session, and said he had no such “right” as a parliamentarian.
The counsel, however, said the registrar general has filed an application in the Supreme Court to seek a clarification on the issue of designation of a court.
The court was also told that in November last year, the agency had also made a representation to the registrar general on the issue of designation of the NIA court as a court which could hear MP/MLA cases.
“It is deemed appropriate to issue notice to the registrar general of the court to ascertain the status as regard the administrative order and clarification on the issue. Issue notice,” Justice Mahajan said, and listed the matter for hearing on February 6.
His main petition, Rashid has urged the high court to either direct the expeditious disposal of his pending bail plea by the NIA court or decide the matter itself.
On December 24 last year, additional sessions judge Chander Jit Singh — who requested the district judge to transfer the case to a court designated to try lawmakers as Rashid was an MP — dismissed his plea asking for an order on the pending bail application in the NIA case.
With the matter sent back to him by the district judge, the trial judge said in his decision that he could only decide the miscellaneous application and not the bail plea.
