New Delhi, Feb 3 (PTI) – The National Investigation Agency (NIA) on Monday strongly opposed the interim bail plea of jailed Jammu and Kashmir MP Rashid Engineer in the Delhi High Court, arguing that his election as a parliamentarian could not serve as a justification for his release in a terror-funding case.
During the hearing before Justice Vikas Mahajan, the NIA asserted that the provision of interim bail should be applied sparingly, only in cases where the accused demonstrates extreme hardship or suffering. The agency contended that Rashid’s plea to attend the ongoing budget session of Parliament, which runs from January 31 to April 4, was an attempt to misuse the legal provision.
Concerns Over Influence on Witnesses
The NIA emphasized that Rashid, who was elected from the Baramulla constituency in the 2024 Lok Sabha elections, has been lodged in Tihar Jail since 2019 following his arrest under the Unlawful Activities (Prevention) Act (UAPA) in connection with the 2017 terror-funding case. The agency expressed apprehension that as a highly influential figure, he could influence witnesses, many of whom are from Jammu and Kashmir.The agency further stated, "His election as a Member of Parliament (Lok Sabha) makes no difference and cannot be used as a tool for obtaining interim bail under the pretext of serving his constituency." It argued that his detention was lawful and not permitting him to attend Parliament could not be considered a violation of his rights.
Interim Bail Plea Labeled as a Legal Maneuver
According to the NIA, Rashid’s plea lacked specifics regarding how he intended to serve his constituency, merely making vague claims. The agency maintained that he was attempting to circumvent imprisonment through this legal route, especially after his regular bail plea had been denied.Addressing the argument that Rashid received a summons from the President of India to attend Parliament, the NIA clarified that such invitations were a routine procedure extended to all parliamentarians and did not warrant his release.
Additionally, the agency cited concerns over his past conduct, stating that Rashid had misused telephone facilities provided to him in jail. The NIA sought permission to submit relevant documents regarding this in a sealed cover before the court.
Alternative Plea for Custody Parole
As an alternative to interim bail, Rashid has requested custody parole for the duration of the budget session. His plea is part of a larger petition seeking either a prompt resolution of his bail application by the trial court or a direct decision from the High Court.The case has witnessed multiple legal hurdles. In December 2023, additional sessions judge Chander Jit Singh dismissed Rashid’s plea for an order on his pending bail application. The district judge later sent the case back to him, ruling that he could only decide on miscellaneous applications and not the bail plea itself.
Meanwhile, the NIA informed the court that in November, it had written to the registrar general regarding the designation of a trial court to handle the case. However, the agency's counsel was unaware of the current status of the request.
Links to Terror-Funding and Money Laundering Cases
The case against Rashid is rooted in allegations of terror-funding, with both the NIA and the Enforcement Directorate (ED) investigating financial transactions linked to militant activities. The ED initiated a money laundering case based on the NIA’s FIR, which accuses Rashid and others of "conspiring to wage war against the government" and fueling unrest in Kashmir.The wider probe involves high-profile figures, including Pakistan-based Lashkar-e-Taiba chief and 26/11 mastermind Hafiz Saeed, Hizbul Mujahideen leader Syed Salahuddin, and others.
Rashid’s interim bail plea is scheduled for hearing on February 4.
