The Delhi High Court through its Registrar General has moved Supreme Court for a clarification with regard to the trial court that can hear the bail plea moved by Baramulla Member of Parliament (MP) Engineer Rashid. .Rashid is currently in jail in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA). The National Investigation Agency (NIA) Court, which had heard and reserved order on his bail plea, recently released the matter after stating that only a designated MP/MLA Court can hear the MP's case..Justice Vikas Mahajan today asked the Registrar General of the High Court to provide a clarification with regard to the issue and listed the matter for hearing on February 6. The Court was hearing a plea moved by Rashid for quick resolution of his pending bail plea before the trial court. He is also seeking an interim bail to attend the ongoing Budget Session of the Parliament..Senior Advocate N Hariharan today pressed for interim bail and cited the earlier instances including when Rashid was temporarily released to campaign during the Jammu and Kashmir elections "I am prepared to meet all the objections. I am only asking for interim bail. Merits we can go into later," Hariharan said..Senior Counsel Sidharth Luthra opposed the prayer for bail. However, the Court pointed out that Rashid has repeatedly been granted interim bail and there has been no allegation of misuse."All of those were on consent," Luthra, who represented the NIA submitted in response, adding that under the NIA Act, he has to file an appeal for bail before a Division Bench..Hariharan said that Rashid cannot move Division Bench since no order allowing or rejecting his bail plea has been passed yet by the trial court."There was an interlocutory order which cannot be appealed against," he said.Expressing his client's frustration over the confusion caused by the issue of jurisdiction, Hariharan said"MP/MLA court was created for quick resolution. Can I be [held] without a trial?".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.
