The Delhi High Court on Wednesday sought response from the National Investigation Agency (NIA) on a petition filed by Baramulla MP Engineer Rashid, challenging a trial court order denying him custody parole in a terror funding case.
The Division Bench of Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta issued notice to NIA and listed the matter for further hearing on March 18.
Rashid moved the High Court challenging an order passed by the Special NIA Court denying him custody parole on March 10.
The MP from Jammu and Kashmir sought custody parole before the Special NIA Court to attend the ongoing Budget Session of the Parliament.
Appearing for Rashid, Senior Advocate N Hariharan contended that the ongoing Budget Session of the Parliament would end on April 4. He added that the accused was earlier granted custody parole by the High Court to attend the previous session for two days.
Appearing for NIA, Advocate Akshai Malik submitted that the earlier relief was granted to Rashid in view of different circumstances sincet there was no designated NIA court. The situation was different now.
On February 10, the single-judge Bench of Justice Vikas Mahajan had granted two-day custody parole to the Baramulla MP and an accused under the Unlawful Activities (Prevention) Act, to attend the Budget Session of the Parliament from February 11 to 13.
Rashid was directed not to use any phone, mobile or landline, while he was out on custody parole. He was further barred from accessing the internet, interacting with any person, and addressing the media.
The High Court passed the order on a petition filed by Rashid seeking a quick resolution of his pending bail plea before the trial court. He further sought interim bail to attend the Budget Session of the Parliament.
The Special NIA Court, which had heard and reserved its order on his bail plea, had released the matter on the grounds that only a designated MP/MLA Court could hear Rashid’s application.
Rashid apprised the High Court that this led to confusion on which court would be entitled to hear his bail plea – the NIA court or the MP/MLA court.
The NIA Court refused to hear his bail petition on the grounds that it was not the designated MP/MLA Court, which could hear cases against lawmakers. The verdict left him remediless, said the petitioner.
While seeking clarification from the Supreme Court on which court should hear Rashid’s bail plea, the High Court ordered his limited release on custody parole to attend the Parliament.
While denying him custody parole, the trial court listed Rashid’s regular bail plea for hearing on March 19.
Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections.
NIA had arrested Rashid in 2019 in a terror-funding case of 2017. He has remained lodged in Tihar Jail since.