New Delhi: The Delhi High Court on Monday asked a court hearing cases of the National Investigation Agency (NIA) to expeditiously decide the bail plea of jailed north Kashmir MP Abdul Rashid Sheikh alias Engineer Rashid in a terror funding case.
Justice Vikas Mahajan said, “The ASJ-03, Patiala House Court, New Delhi is requested to dispose of the bail application of the petitioner expeditiously.”
The court was dealing with Rashid’s plea alleging there was no remedy available after the NIA court, dealing with his bail application, left him in limbo post his election as a member of Parliament (MP).
Justice Mahajan observed a direction was passed by the high court on the administrative side clarifying that the NIA court would continue to hear the case.
In view of the development, Rashid’s counsel, senior advocate N Hariharan, sought to withdraw the plea from the high court but prayed for a direction to the NIA court to decide expeditiously as possible the bail application that was pending since August last year.
“Order was reserved (on the bail plea) but it was not passed for want of jurisdiction. Now the power has come,” he said.
The NIA counsel said the trial court gave six dates for placing on record the prosecution evidence.
The counsel representing the high court administration said in view of the Supreme Court’s order passed on February 10 — clarifying that the NIA court could also deal with a case against a lawmaker — an appropriate direction was issued on February 17.
In his petition, Rashid urged the high court to either direct the expeditious disposal of his pending bail plea by the NIA court or decide the matter itself.
As an interim relief in the matter, Rashid was on February 10 allowed a two-day custody parole to attend the Parliament session on February 11 and 13.
On December 24 last year, additional sessions judge Chander Jit Singh, who had requested the district judge to transfer the case to a court designated to try lawmakers, dismissed Rashid’s 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 he could only decide the miscellaneous application and not the bail plea.
The Baramulla MP is facing trial in a terror funding case with the allegations that he funded separatists and terror groups in Jammu and Kashmir.
He was elected from the Baramulla constituency in the 2024 Lok Sabha elections and remained in Tihar Jail since 2019 after the NIA arrested him under the Unlawful Activities (Prevention) Act in the 2017 terror-funding case.
His case is linked to funding separatist activities in Jammu and Kashmir and connections to designated terrorist Hafiz Saeed.
