NIA court in Delhi can continue to hear case of Engineer Rashid: Supreme Court clarifies

The Supreme Court has clarified that the Special Court constituted under the National Investigation Agency (NIA) Act can continue with the hearing of the case under Unlawful Activities (Prevention) Act (UAPA) against Baramulla Member of Parliament (MP) Engineer Rashid. .The question had arisen after the NIA Court, which had heard and reserved order on Rashid's bail plea, released the matter on the ground that only a designated MP/MLA Court can hear the MP's case.The Delhi High Court through its Registrar General then moved Supreme Court for a clarification on the issue. It sought permission to authorize the NIA Court to proceed with the case instead of sending the matter to the designated MP/MLA Court..The Bench of Justice Dipankar Datta and Justice Manmohan on February 10 allowed the application moved by the High Court, considering that the trial against Rashid had commenced much before his election last year."Since trial against the relevant Member of Parliament had commenced even before his election and as on date 21 witnesses have been examined by the prosecution before the Special Court constituted under the National Investigation Agency (Amendment) Act, 2019, in the special facts and circumstances that have been projected before us, we grant clarification as prayed by the Registrar General," the top court ordered. .Rashid had earlier moved the High Court for quick resolution of his pending bail plea before the trial court. He had also prayed for interim bail or custody parole to attend the ongoing Budget Session.On Monday, Justice Vikas Mahajan granted custody parole to Rashid from February 11 to February 13. In accordance with the order, Rashid was seen in Lok Sabha today..Meanwhile, Justice Mahajan today asked the counsel representing the High Court to place on record the top court order and also any notification that may issued by the High Court on its administrative side with regard to the designation of the the trial court.The Court will hear Rashid's plea next on February 24..Rashid had won the Baramulla Lok Sabha seat by defeating current Jammu and Kashmir Chief Minister Omar Abdullah by over two lakh votes. Last year, Rashid was granted interim bail by the trial court to campaign for the assembly elections in Jammu and Kashmir..[Read Order]