The Delhi High Court on Thursday asked the National Investigation Agency (NIA) to consider whether Baramulla MP Sheikh Abdul Rashid alias Engineer Rashid’s movement could be confined to a specific geographical area if he is released on bail in a terror funding case, while clarifying that it was not expressing any opinion on the merits of the plea.
A division bench of Justices Prathiba M. Singh and Madhu Jain put the query to the NIA during the hearing of Rashid’s appeal against a trial court order that had rejected his second regular bail application on March 21, 2025. The matter is now listed for further hearing on March 11.
Appearing for Rashid, senior counsel submitted that the MP has been in custody for over six-and-a-half years since his arrest in 2019 and had been granted interim bail twice without any allegation of misuse of liberty.
It was argued that the NIA’s apprehension that Rashid would influence witnesses if released was unfounded. The counsel also pointed out that Rashid had earlier been allowed to attend Parliament in custody.
Referring to the progress of the trial, the defence said that although the prosecution had initially cited 378 witnesses, the list had later been reduced to 248, and the proceedings were likely to take considerable time. On this basis, it was contended that prolonged incarceration and delay in trial justified grant of bail.
Rashid also sought release to enable him to attend Lok Sabha sessions, stating that as an elected representative he was required to act as a bridge between Parliament and his constituency, which he claimed comprised a substantial portion of the Kashmir Valley.
The appeal further asserted that the allegations were baseless and described Rashid as a “mainstream political leader” who had been elected twice as an MLA and later as an MP, contending that he had been targeted by separatist elements.
During the hearing, the bench asked the NIA’s senior counsel to obtain instructions on whether, in the event bail is granted, Rashid’s movement could be restricted to a particular geographical area, noting his status as a sitting Member of Parliament.
The court orally observed that such a condition could be considered, adding that it was not expressing any view on the outcome of the bail plea.
The NIA’s counsel reiterated the agency’s opposition to the grant of bail but agreed to take instructions on the court’s suggestion.
Rashid, who defeated Omar Abdullah in the 2024 Lok Sabha elections from Baramulla, is facing trial in a 2017 terror funding case. He was arrested by the NIA in 2019 and has been lodged in Tihar Jail since then.
According to the NIA’s FIR, his name surfaced during the interrogation of co-accused businessman Zahoor Watali. A chargesheet was filed in October 2019, and a special NIA court framed charges in March 2022 under Sections 120B, 121 and 124A of the IPC, along with provisions of the Unlawful Activities (Prevention) Act relating to terrorist acts and terror funding.
His bail plea before the trial court was rejected in 2025, prompting the present appeal before the High Court.
The High Court will continue hearing the matter on March 11.
