HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea

The Delhi high court will on February 24 hear jailed parliament member Engineer Rashid’s plea against a local court’s December 23 refusal to pass an order on his bail plea citing lack of jurisdiction. Justice Vikas Mahajan scheduled the hearing after Delhi high court’s registrar general informed the court about the Supreme Court (SC)’s permission for a special court to hear Rashid’s bail plea in a terror funding case.

The high court asked Rashid’s lawyer, Vikhyat Oberoi, to seek instructions on whether his client would withdraw his plea in light of the SC’s permission. “...the Registrar General submits that the application filed by the high court before the Supreme Court seeking clarification has been allowed. Counsel for the petitioner seeks time to seek instructions.”

The Supreme Court’s permission would fast-rack Rashid’s bail application. In August, additional sessions judge Chander Jit Singh, hearing the National Investigation Agency (NIA) cases, reserved the verdict on Rashid’s bail plea. He placed the matter before the principal district and sessions judge for directions in November after Rashid was elected to parliament.

On December 23, Judge Singh again refused to pass an order on Rashid’s application citing lack of jurisdiction. The NIA in November urged the high court registrar-general to designate the court hearing its cases as a court to hear cases of parliament and assembly members. An application was subsequently filed in the Supreme Court for clarification.

On Monday, the Supreme Court issued clarification in the case. The high court separately granted two-day custody parole to Rashid to attend the ongoing Parliament session. It acknowledged Rashid was left remediless due to the absence of a forum.

In his petition in the high court, Rashid said Judge Singh’s inaction rendered him remediless and resulted in the violation of his fundamental rights to life and personal liberty safeguarded under the Constitution’s Article 21. Rashid pleaded he was suffering incarceration as an under-trial prisoner.

Rashid was arrested under the Unlawful Activities (Prevention) Act in 2019. The NIA charged him with using illicit funds to fuel unrest and separatism in Jammu and Kashmir.