Delhi High Court seeks NIA response on Engineer Rashid bail plea to attend parliament budget session

The Delhi High Court on Thursday sought the response of the National Investigation Agency (NIA) to the plea moved by Baramulla Member of Parliament (MP) Engineer Rashid seeking interim bail to attend the parliament’s budget session which is starting on January 31..Rashid is currently in jail as an accused in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA) after he was arrested in 2019..Justice Vikas Mahajan sought NIA's response to the interim bail plea filed by Rashid. The matter is likely to be heard next on January 31 or February 3. .Senior Advocate N Hariharan, who represented Rashid, submitted that his constituency cannot go unrepresented for months together. "I have already missed a session. Now the Budget session starts from tomorrow. Now what do I do," Hariharan asked. He further submitted that the NIA Court refused to hear his bail plea as it was not the designated MP/MLA Court which hears cases against lawmakers. "Can I be left remediless. Is that the intent? I have bowed, pledged allegiance to this country. I am not a flight risk," Hariharan said.The Bench then told Senior Counsel Sidharth Luthra, who was appearing for NIA, that there should be a solution to the issue."Mr. Luthra, we have to find a solution to this. MP/MLA court cannot be a special judge.".Luthra submitted that that NIA has sought clarification from the Supreme Court regarding whether the special court can hear MP/MLA cases.He further stated that "merely because you are an MP, there is no right to attend parliament." He also raised the issue regarding maintainability of the writ petition filed by Rashid, stating that the NIA Act has a special provision for appeal. The Court allowed eventually granted Luthra time to seek instructions from the NIA regarding the interim bail plea..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 Live Coverage]