Terror Funding Case: In the Delhi High Court, the investigating agency NIA strongly opposed the bail plea of Lok Sabha MP from Jammu and Kashmir, Engineer Rashid. The NIA argued in the court that Rashid cannot be given the right to release from jail by taking advantage of being his MP. In fact, Engineer Rashid demanded interim custody parole to participate in Parliament sessions.
The NIA said that there are serious allegations against the illegal activities (prevention) Act (UAPA) against Rashid, an elected MP from Baramulla, so his continuous custody is completely appropriate. The investigating agency clarified that Rashid has no right to participate in the Parliament session while in legal custody and it would not be appropriate to give them interim bail or custody parole.
NIA told bail plea, misuse of law
During the hearing in the Delhi High Court, the NIA alleged that Rashid is doing “forum shopping” and trying to misuse the legal process. The agency said that his claim to serve his constituency is unclear and no relief can be given on this basis. The NIA also argued that being a Member of Parliament does not give any person exemption from judicial custody. The investigating agency clarified in the court that temporary release cannot be claimed by citing being elected representatives.
Demand to dismiss petition under UAPA Section 43D (5)
The NIA described Rashid as a very influential person and said that his release is likely to affect witnesses in Jammu and Kashmir. The agency, citing Section 43D (5) of the UAPA, argued that if the allegations seem to be correct priority (prima facie), then bail cannot be granted. NIA said that Rashid’s petition does not meet both the conditions required under this section, so it should be rejected.
The investigating agency also clarified that custody parole does not mean that the accused would get complete freedom but it is limited to the prescribed place under the supervision of armed policemen.
Engineer Rashid is jailed in Terror Funding case
Engineer Rashid had registered a shocking victory by defeating former Chief Minister Omar Abdullah in 2024 Lok Sabha elections. However, he is currently facing trial in the Terror Funding case. He is accused of providing funds to separatist groups and terrorist organizations in Jammu and Kashmir. Rashid Tihar is lodged in Jail since 2019. He was arrested by the NIA in a terrorism financing case recorded in 2017.
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