Imprisoned MP Engineer Rashid Appeals for Bail in Delhi HC
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Synopsis
Jammu, Jan 29 (NationPress) - Imprisoned Lok Sabha MP Engineer Rashid has applied for interim bail in the Delhi High Court to attend the Budget session of Parliament, scheduled from January 31 to April 4, while he remains incarcerated in Tihar Jail.
Key Takeaways
- Engineer Rashid seeks interim bail.
- Wants to attend Parliament's Budget session.
- Previously won elections while in custody.
- NIA involvement in his case.
- Legal complexities surrounding his bail plea.
Jammu, Jan 29 (NationPress) Imprisoned Lok Sabha MP Engineer Rashid submitted a request for temporary bail in the Delhi High Court on Wednesday.
Engineer Rashid triumphed in the Lok Sabha elections from the Baramulla constituency, defeating National Conference Vice President and then Chief Minister Omar Abdullah by more than two lakh votes, all while he was incarcerated in Tihar Jail.
He has requested bail, citing his desire to participate in the forthcoming Budget session of Parliament, which runs from January 31 to April 4.
Alternatively, he has asked to be granted custody parole if temporary bail is not approved, so he can attend the parliamentary session.
This application is part of his ongoing petition regarding bail in his case with the NIA.
In his primary petition, he has urged the high court to expedite the handling of his bail application pending in a lower court or to make a determination itself.
The Delhi High Court has instructed the NIA to submit its position on the matter and has scheduled the hearing for January 30. Both requests for temporary bail and custody parole are set to be considered by the high court on Thursday.
On December 24 of the previous year, additional sessions judge Chander Jit Singh requested the district judge to transfer the case to a court designated for lawmakers since Rashid is now an MP.
The additional sessions judge dismissed Rashid's request for a ruling on his pending bail application in the NIA case.
In the decision sent back to him by the district judge, the trial judge stated that he could only address the miscellaneous application and not the standard bail plea.
Before the high court, Rashid's senior counsel argued that the MP had been left without any recourse since the court handling the bail plea unexpectedly decided it could not hear his case and that the MP/MLA court lacked the authority to handle NIA cases.
He contended that the delay in the bail plea is leaving Rashid's constituency unrepresented during parliamentary sessions due to his ongoing detention.
The NIA's counsel mentioned that the agency had contacted the registrar general of the high court in November regarding the assignment of a lower court to hear the case, but he was unaware of the request's status.
Rashid was detained by the NIA under the Unlawful Activities (Prevention) Act as part of a 2017 terror-funding investigation. The ED initiated a money laundering case against the accused individuals based on the NIA's FIR, which accused them of plotting to wage war against the government and instigating disturbances in the Valley.
