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The Delhi High Court on Thursday sought a response from the National Investigation Agency (NIA) in a plea by Jammu and Kashmir MP Abdul Rashid Sheikh alias Engineer Rashid, appealing against a trial court’s order refusing him bail. A special NIA trial court in Delhi had denied Rashid, an MP from Baramulla, regular bail on March 21.
A division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar issued notice to NIA and kept the matter next for July 29.
In another plea, Rashid challenged before the Delhi High Court the framing of charges against him in the NIA case. However, the plea was filed with a delay of around three years (1,104 days). The bench also issued notice on an application seeking condonation of the delay.
Briefly taken up by the bench, senior advocate Siddharth Luthra, appearing for the NIA, opposed the condonation of delay, submitting that delay beyond 90 days cannot be condoned. On the other hand, Rashid’s counsel argued that the limitation of 90 days is not sacrosanct, especially in matters of life and liberty.
The bench kept the plea next for consideration on July 29.
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-Taiba” to fund “terrorist activities” in Jammu and Kashmir. Rashid was booked as part of this case.
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