The Delhi High Court, on Thursday, asked the National Investigation Agency (NIA) for its stance regarding an interim bail plea by Jammu and Kashmir MP Rashid Engineer. Engineer, who is currently jailed in connection with a terror-funding case, has requested interim bail to participate in the upcoming budget session of Parliament.
Justice Vikas Mahajan urged the NIA to expedite its response before the next hearing, emphasizing the need for a timely decision due to the parliamentary session scheduled from January 31 to April 4. Senior advocate Sidharth Luthra, representing the NIA, indicated he would seek instructions on the matter.
In addition to interim bail, Rashid Engineer has also requested custody parole during the budget session, as part of his broader legal strategy to secure regular bail in the ongoing case.
The case has seen various legal maneuvers, including an appeal to the Supreme Court by the high court administration for clarifications related to the jurisdiction for hearing Engineer’s bail plea. This comes after additional sessions judge Chander Jit Singh, in December last year, declined to rule on the bail application, citing a lack of jurisdiction and requesting the case be transferred to a court designated for lawmakers.
The complexity of the legal proceedings increased when the designated MP/MLA court stated it lacked jurisdiction over NIA cases, leaving Engineer’s plea in a precarious position. His attorney argued that this has effectively left Rashid’s constituency unrepresented in Parliament while he remains in custody.
The NIA has previously communicated with the high court concerning the designation of a proper trial court to hear the case, though the current status of that request remains unclear.
Rashid Engineer was elected from Baramulla constituency in the 2024 Lok Sabha elections and has been detained in Tihar Jail since 2019. He was arrested under the Unlawful Activities (Prevention) Act in a 2017 case related to terror funding. The Enforcement Directorate (ED) also filed a money laundering case against him based on the NIA’s FIR, which includes allegations of conspiring against the government and inciting unrest in Kashmir. These cases are also linked to prominent figures such as Pakistan-based Lashkar-e-Taiba chief Hafiz Saeed and Hizbul Mujahideen leader Syed Salahuddin.
