Delhi HC seeks NIA response in Baramulla MP Engineer Rashid’s plea challenging framing of terror funding, other charges against him  

Senior Advocate N Hariharan, representing Rashid, told the bench that he has no objection if the pleas are transferred to the bench which had imposed the condition — that is, a bench of Justices CD Singh and Anup Bhambhani. Justice C D Singh stands transferred and upon directions from the master of the roster, the Chief Justice, a new bench may be composed including Justice Bhambhani.

Justice Chaudhary, on July 29, had orally opined that the bench is inclined to transfer the plea to the earlier bench, reasoning that it cannot sit in appeal and rehear the same issue, in adherence to “judicial discipline”.

Rashid has filed the plea challenging the framing of charges with a delay of around three years (1,104 days), and a bench of the Delhi HC had earlier issued notice on the application seeking condonation of this delay on May 15.

The NIA had earlier opposed the condonation of delay, submitting that delay beyond 90 days cannot be condoned. On the other hand, Rashid had argued that the limitation of 90 days is not sacrosanct, especially in matters of life and liberty.

A special NIA court in Delhi had framed charges against Rashid in March 2022.

Rashid, who defeated Jammu and Kashmir Chief Minister Omar Abdullah in the Baramulla seat by over 2 lakh votes in the 2024 Lok Sabha polls, has been lodged in Delhi’s Tihar Jail since 2019 in a case of alleged terror funding.

Rashid was arrested in 2019 under the Unlawful Activities (Prevention) Act. According to the NIA, he used various public platforms to “propagate the ideology of separatism and secessionism”, was closely associated with various terrorist organisations, and wanted to “legitimise” the United Jihad Council, a platform of anti-India militant groups in Jammu and Kashmir.

On May 30, 2017, the NIA registered a case against Lashkar-e-Taiba founder Hafiz Saeed and other “secessionist and separatist” leaders who, according to the NIA, “received and collected” funds through hawala channels in “connivance with active militants of…terrorist organizations Hizb-ul-Mujahideen, Dukhtaran-e-Millat, Lashkar-e-Toiba” to fund “terrorist activities” in Jammu and Kashmir. Rashid was booked as part of this case.