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Terror Funding Case: The investigating agency NIA strongly opposed the bail plea of Engineer Rashid, Lok Sabha MP from Jammu and Kashmir, in the Delhi High Court. The NIA argued in the court that Rashid cannot be given the right to release from jail by taking advantage of his being an MP. Actually, Engineer Rashid had sought interim custody parole to attend Parliament sessions.
The NIA said that there are serious allegations against Rashid, an MP elected from Baramulla, under the Unlawful Activities (Prevention) Act (UAPA), so his continued custody is fully justified. The investigating agency clarified that Rashid has no right to attend Parliament sessions while in legal custody and it would not be legally justified to grant him interim bail or custody parole.
NIA called the bail plea a misuse of law
During the hearing in the Delhi High Court, the NIA alleged that Rashid was “forum shopping” and trying to misuse the legal process. The agency said that his claim to serve his constituency is vague and no relief can be given on this basis. The NIA also argued that being a Member of Parliament does not exempt a person from judicial custody. The investigating agency clarified in the court that temporary release cannot be claimed by citing being an elected representative.
Demand to dismiss petition under UAPA section 43D (5)
The NIA described Rashid as a very influential person and said that his release is likely to influence witnesses in Jammu and Kashmir. The agency cited section 43D (5) of the UAPA and argued that bail cannot be granted if the allegations appear to be prima facie (prima facie) correct. The NIA said that Rashid’s petition does not fulfill both the conditions required under this section, so it should be rejected.
The investigating agency also clarified that custody parole does not mean that the accused will get complete freedom but it is limited to being taken to the designated place under the supervision of armed policemen.
Engineer Rashid is in jail in terror funding case
Engineer Rashid registered a surprise victory in the 2024 Lok Sabha elections by defeating former Chief Minister Omar Abdullah. However, he is currently facing trial in the terror funding case. He is accused of providing funds to separatist groups and terrorist organizations in Jammu and Kashmir. Rashid has been lodged in Tihar Jail since 2019. He was arrested by the NIA in a terrorism financing case registered in 2017.
