HC seeks NIA's stand on J-K MP Rashid Engineer's plea in terror case

Justice Vikas Mahajan asked the agency to file its response and listed the matter for further hearing on January 30

The Delhi High Court on Thursday issued a notice to the National Investigation Agency (NIA) on a bail plea filed by Baramulla MP Engineer Rashid in the 2017 Jammu and Kashmir terror-funding case.

In his plea, he requested the High Court to direct the trial court to expedite a decision on his pending regular bail application. Alternatively, Rashid has asked the Delhi High Court to adjudicate the matter directly.

The bench of Justice Vikas Mahajan after issued notice, fixed and scheduled the matter for January 30, 2025.

Senior Advocate N Hariharan, representing Rashid, argued that as a parliamentarian, his client needs to attend the upcoming budget session of Parliament. He further emphasized that the pending decision in the trial court should be expedited.

Recently Delhi's Patiala House Court rejected an application seeking a decision on the regular bail plea of Rashid Engineer, Member of Parliament in connection with Jammu and Kashmir Terror funding case.

The trail court clarified that, at this stage, it is only empowered to address miscellaneous applications and not to rule on the regular bail petition.

Previously, the district judge returned the case to the ASJ court after a request from the ASJ for the matter to be transferred to a designated court for lawmakers, given Rashid Engineer's status as an MP.

This transfer request was made with the consent of both the accused and the prosecuting agency, the National Investigation Agency (NIA). The district judge's decision came after noting that the issue of court jurisdiction was still pending before the Delhi High Court. Until the High Court rules on jurisdiction, the ASJ court will continue to hear the case.

Both Rashid's counsel and the NIA had agreed to keep the matter in the current court. In addition to the NIA's case, the special judge had suggested moving a related money laundering case and Rashid's regular bail application to the court designated for lawmakers.

Engineer Rashid, an Independent Lok Sabha MP from Baramulla, Jammu and Kashmir, has recently surrendered at Tihar Jail after his interim bail expired. This is related to the Jammu and Kashmir terror funding case currently being investigated by the NIA.

In August 2019, Rashid was arrested under the Unlawful Activities (Prevention) Act (UAPA). During his incarceration, he filed his nomination for the 2024 parliamentary elections from jail and won by a margin of 204,000 votes, defeating former Jammu and Kashmir Chief Minister Omar Abdullah.

In 2022, the NIA Court of Patiala House Court ordered the framing of charges against Rashid Engineer and several other key figures, including Hafiz Saeed, Syed Salahuddin, Yasin Malik, Shabbir Shah, Masrat Alam, Zahoor Ahmed Watali, Bitta Karate, Aftab Ahmed Shah, Avtar Ahmed Shah, Naeem Khan, and Bashir Ahmed Butt (also known as Peer Saifullah).

The charges are part of an ongoing investigation into terror funding in Jammu and Kashmir, where the National Investigation Agency (NIA) alleges that various militant organizations, such as Lashkar-e-Taiba, Hizbul Mujahideen, Jaish-e-Mohammed, and JKLF, collaborated with Pakistan's intelligence agency, ISI, to orchestrate attacks on civilians and security forces in the region.

The NIA's investigation claims that in 1993, the All Party Hurriyat Conference (APHC) was formed to further separatist activities, with funding channelled through hawala and other covert methods. Hafiz Saeed, along with Hurriyat leaders, is accused of using these illicit funds to fuel unrest in Jammu and Kashmir, targeting security forces, inciting violence, burning schools, and damaging public property.

The agency contends that these operations were designed to destabilize the region and promote terrorism under the guise of political resistance.