New Delhi, February 10: The Supreme Court has ruled that the special court established under the NIA Act is capable of hearing the bail application of imprisoned J&K MP Engineer Rashid in a terrorism funding case.
A bench comprising Justices Dipankar Datta and Manmohan noted that the trial against Rashid had started prior to his election as an MP, with 21 prosecution witnesses already being examined by the special court.
A lawyer involved in the case informed PTI that the Supreme Court’s clarification on this matter would enable the Delhi High Court to issue directives on the administrative front within two to three days.
The registrar general of the Delhi High Court approached the Supreme Court regarding the jurisdiction over which court should handle Rashid’s bail plea.
“Please clarify that the high court may authorize trials of MPs/MLAs (including former MPs/MLAs) who face scheduled offenses as outlined in the Special Acts, such as the NIA Act, to be conducted by the special court designated under Section 11 of the NIA Act, instead of the special courts created specifically for MPs/MLAs, to allow the High Court to issue the necessary notification/office order in this context,” the high court stated in its plea.
This clarification was necessary due to a 2016 Supreme Court ruling designating MP/MLA courts solely to handle cases involving MPs and MLAs.
Rashid, who won his seat from the Baramulla constituency in the 2024 Lok Sabha elections, has been incarcerated in Tihar Jail since 2019, following his arrest by the NIA under the Unlawful Activities (Prevention) Act related to a 2017 terror funding case.
In a related move, the Delhi High Court has granted Engineer Rashid a two-day custody parole to attend the ongoing Parliamentary session.
Justice Vikas Mahajan allowed Rashid to participate in the Parliament session on February 11 and 13. (Agencies)
