Delhi High Court asks NIA whether Engineer Rashid can be released on bail

The Delhi High Court on Wednesday sought the stand of the National Investigation Agency (NIA) on whether jailed Baramulla member of parliament Abdul Rashid Sheikh alias Engineer Rashid can be released on bail subject to strict conditions.

The Division Bench of Justices Prathiba M Singh and Vikas Mahajan suggested that conditions including mandatory residence in Delhi can be imposed so that there is no threat from him in Kashmir.

The Court was hearing NIA's arguments against Rashid's bail plea in the terror funding charges against him under Unlawful Activities Prevention Act (UAPA).

"What the Court is putting to you is, the biggest threat from him is his physical presence in Kashmir because he has a lot of local influence. Suppose there is suspension subject to the condition that he will remain only in Delhi, what is your response? If he finds a place of residence and remains only in Delhi?" the Court asked.

Rashid is currently in Tihar Jail as an accused in the terror funding case under the UAPA.

The NIA arrested Rashid in 2019 in connection with the 2017 terror-funding case. After being chargesheeted in October 2019, a special NIA court formally framed charges against him in March 2022 under various provisions of the Indian Penal Code and the UAPA, including criminal conspiracy, waging war against the state and terror funding.

Meanwhile, he contested 2024 Lok Sabha polls while in prison and won the Baramulla seat by defeating current Jammu and Kashmir Chief Minister Omar Abdullah by over two lakh votes. 

The Court today asked Senior Advocate Siddharth Luthra, who was representing NIA, to take instructions on whether Rashid can be granted bail.

The bench observed that Rashid is an influential person in Kashmir. However, it also noted that he has been in custody for almost seven years now and the total number of witnesses are over 240.

However, the NIA opposed Rashid's bail plea.

It said that the charges against him are serious and there is sufficient evidence against Rashid to show he was prima facie guilty.

It also pointed out that the trial court has framed charges against him. The agency also alleged that Rashid had attempted to influence a protected prosecution witness in this case who later turned hostile.

However, the Court asked the NIA counsel take instructions on whether Rashid could be released subject to strict conditions.

The matter will be heard next on November 3.

Senior Advocate Hariharan with advocate Vikhyat Oberoi appeared for Rashid.

Special Public Prosecutor Akshai Malik appeared for NIA.

[Read live coverage]