The Delhi High Court on Wednesday asked the National Investigation Agency whether Baramulla MP Sheikh Abdul Rashid alias Engineer Rashid, who is in jail in a terror funding case, could be released on bail with stringent conditions.A bench of Justices Prathiba M Singh and Vikas Mahajan asked the NIA counsel to get instructions on the issue and listed the matter on November 3.
The bench said there was no doubt that Rashid was an influential person as he has become a member of Parliament.
“The court is putting to you -- the biggest threat from him is his physical presence in Kashmir because he has a lot of local influence. Suppose there is stringent condition that he will remain only in Delhi, what is your (NIA) response? That he will find a place of residence and remain only in Delhi,” the court said.
“NIA counsel to take instructions on whether the applicant (Rashid) can be released on bail under stringent conditions, including the condition to remain in Delhi,” the bench added.
It noted that he has been in custody for almost seven years and there are a total of 240 witnesses in the case and the trial would take a long time to conclude.
The court was hearing arguments on Rashid’s plea seeking bail in the terror case lodged under the provisions of the Unlawful Activities (Prevention) Act.
During the hearing, NIA’s counsel opposed the bail contending that there was sufficient evidence on record to show that Rashid was prima facie guilty.
He argued that the allegations made against Rashid were serious in nature and he has allegedly engaged in anti-national activities, funded stone-pelters after receiving funds from Pakistan and also engaged in hate speech.
Rashid was earlier granted interim bail to attend the ceremonies related to his father’s demise.
Rashid is facing trial in the terror-funding case. He faces allegations that he funded separatists and terror groups in Jammu and Kashmir. He has been lodged in Delhi's Tihar Jail since 2019 after the NIA arrested him in the 2017 case.
After he was named in a chargesheet in October 2019, a special NIA court framed charges against Rashid and others in March 2022 under sections 120B (criminal conspiracy), 121 (waging war against the government), and 124A (sedition) of the Indian Penal Code and under relevant provisions of the stringent UAPA.
