The Delhi High Court on Thursday sought a response from the National Investigation Agency (NIA) on a plea filed by Baramulla MP Abdul Rashid Sheikh, popularly known as Engineer Rashid, challenging the framing of terror funding charges against him in a 2017 case under the Unlawful Activities (Prevention) Act (UAPA).
A division bench of Justices Vivek Chaudhary and Shalinder Kaur issued notice to the NIA and directed it to file a detailed reply. The court also summoned the trial court records and scheduled the matter for further hearing on October 6.
Rashid, who is currently lodged in Tihar Jail since his arrest in 2019, had moved the High Court not only to challenge the framing of charges but also to seek regular bail, citing prolonged incarceration and delay in trial proceedings. The court noted that his bail plea remains pending.
Earlier, the High Court had entertained only the limited issue of the 1,100-day delay in filing the appeal against the trial court’s order framing charges. In the latest hearing, Rashid also challenged a separate order by the trial court directing him to bear ₹1.44 lakh per day in travel expenses for attending Parliament in custody during the Monsoon Session (July 24 to August 4, 2024), and sought interim bail on that ground.
The court said these connected pleas would be heard by a bench comprising Justice Anup Jairam Bhambhani, subject to the directions of the Division Bench. Notably, during the Budget session earlier this year, a division bench of Justices Chandra Dhari Singh and Bhambhani had ordered Rashid to deposit ₹4 lakh with jail authorities for being escorted to Parliament in custody.
In his bail plea, Rashid argued that he has spent over five years in judicial custody, and the trial is unlikely to conclude in the near future. He denied all allegations of funding or associating with terrorist activities, asserting that he was being targeted for his mainstream political engagement in Jammu and Kashmir.
“The appellant is a mainstream political leader of J&K, elected twice as an MLA and recently as an MP. Due to his engagement in democratic politics, he became a target for separatist groups,” his petition stated.
Rashid also defended his past remarks on the execution of Afzal Guru, saying: “A political comment criticising a government decision or judicial verdict does not imply association with terrorists, nor can it be construed as inciting terrorism.”
The MP from Baramulla, who secured a significant victory in the 2024 Lok Sabha polls by defeating National Conference leader Omar Abdullah, further requested interim bail to attend the Parliament sessions. “His participation in the Lok Sabha is imperative, as he represents nearly 45 per cent of Kashmir valley’s population and acts as a democratic bridge between the people and Parliament,” the plea said.
According to the NIA, Rashid’s name surfaced during the interrogation of businessman and co-accused Zahoor Watali, allegedly linked to separatist funding. He was chargesheeted in October 2019, and a special NIA court framed charges in March 2022 under various provisions of the Indian Penal Code (Sections 120B – criminal conspiracy, 121 – waging war against the government, and 124A – sedition) and relevant sections of the UAPA.
