Delhi HC seeks clarification from Supreme Court on appropriate bench to hear Engineer Rashid's bail plea

The Special NIA Court has declined to hear Engineer Rashid's bail plea saying it falls under the jurisdiction of the MP/MLA court

Engineer Rashid Engineer Rashid

The Delhi High Court has issued a notice to its Registrar General, and has sought clarification from the Supreme Court on the jurisdictional issue concerning the bail plea of Awami Itehad Party leader (AIP) and MP Engineer Rashid. The development comes after Rashid's legal team, led by Senior Advocate Hariharan and assisted by Advocate Vikhyat Oberoi, moved the High Court under Article 226, citing the lack of a remedy to seek regular bail.

Rashid, who has been in custody under UAPA for money laundering, has been unable to attend three parliamentary sessions. His interim bail became infructuous due to the pending jurisdictional decision. His regular bail plea has been awaiting orders since August 28, 2024. 

The Special NIA Court declined to hear the matter, arguing that it falls under the jurisdiction of the MP/MLA court. The case has not yet been transferred to the appropriate court, leaving Rashid without a forum to seek bail.

Since January 31, Rashid has been on an indefinite fast, protesting his right to represent the people of Baramulla in Parliament, who elected him with a significant mandate. His legal team remains hopeful that the High Court will resolve the issue on Thursday, allowing him to secure bail and resume his parliamentary duties.

The AIP has said that the case highlights a critical legal impasse and raises questions about procedural delays that affect an elected representative’s right to participate in democratic processes.

Rashid hails from Langate in Kupwara. He is an engineer by training but joined politics in the late 90s. He won the assembly elections from Langate in 2008 and 2014. After his arrest by NIA, he successfully contested the 2024 Lok Sabha elections from jail, defeating Omar Abdullah and Sajad Lone of the People’s Conference. He was briefly released to campaign for his party during the Jammu and Kashmir Assembly polls. His brother, Sheikh Khursheed, was elected from Langate; other AIP candidates failed to register a win.

AIP’s chief spokesperson Inam Un Nabi told THE WEEK that Rashid is steadfast in his struggle and determined to get bail to represent the people of his constituency. “His health has deteriorated in jail, but his morale is high,” Nabi said.

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