The Delhi High Court on Wednesday rejected the appeal filed by incarcerated Lok Sabha MP Sheikh Abdul Rashid, popularly known as Engineer Rashid, challenging the framing of charges against him in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA).
A division bench comprising Justices Prathiba M Singh and Madhu Jain held that the appeal was not maintainable, relying on a previous ruling of a coordinate bench which had determined that an order on framing of charges is not a final order and therefore not subject to appeal.
“The present appeal would also not be maintainable and is dismissed as being not maintainable,” the bench observed.
The senior counsel for the National Investigation Agency (NIA) also pointed out that Rashid’s appeal had been filed with a delay of nearly 1100 days. However, the High Court declined to examine the delay, holding that the appeal was barred on merits regardless of the timing.
Engineer Rashid, a former MLA and now MP from Baramulla, Jammu and Kashmir, has been lodged in Delhi’s Tihar Jail since 2019 following his arrest by the NIA in a 2017 terror funding case. The agency alleges that Rashid was part of a criminal conspiracy to fund terror groups and separatist activities in the Valley.
His name surfaced during the interrogation of co-accused businessman Zahoor Ahmad Shah Watali. He was chargesheeted in October 2019 and a special NIA court subsequently framed charges against him and others in March 2022.
The charges include:
- Sections 120B, 121, and 124A of the Indian Penal Code (criminal conspiracy, waging war against the government, and sedition)
- Various sections of the Unlawful Activities (Prevention) Act related to terrorist activities and funding.
Despite being in jail, Rashid contested and won the 2024 Lok Sabha elections from Baramulla, defeating National Conference leader Omar Abdullah. A Delhi court recently granted him custody parole to attend the ongoing Budget Session of Parliament, which began on Wednesday. He will be escorted by armed police personnel during his appearance.
