On May 15, 2025, the Delhi High Court sought the National Investigation Agency's (NIA) response to a bail plea filed by Jammu and Kashmir Member of Parliament (MP) Sheikh Abdul Rashid, commonly known as Engineer Rashid. Rashid, elected from the Baramulla constituency in the 2024 Lok Sabha elections, has been incarcerated in Tihar Jail since 2019 following his arrest under the Unlawful Activities (Prevention) Act (UAPA) in connection with a 2017 terror-funding case.
A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar issued a notice on Rashid's appeal challenging the trial court's March 21 order denying him bail. The court emphasized the necessity of hearing the matter and scheduled the bail plea for July 29. Additionally, Rashid has filed another petition contesting the trial court's decision to frame charges against him in the same case.
During the proceedings, the NIA's counsel highlighted a significant delay of 1,104 days in filing the appeal, arguing that, according to legal mandates, delays exceeding 90 days cannot be condoned. In response, Rashid's counsel contended that the 90-day period is not absolute and can be waived, especially in cases concerning an individual's life and liberty. The court directed the NIA to submit its response regarding the delay and reaffirmed the July 29 hearing date.
Previously, Rashid had sought interim bail or custody parole to attend parliamentary sessions, asserting that his absence would leave his constituency unrepresented. However, the NIA opposed these requests, arguing that his status as an MP does not grant him special privileges and expressing concerns that his release could influence witnesses and compromise the investigation.
Rashid's case underscores the complex interplay between national security concerns and the rights of elected representatives. As the legal proceedings continue, the court's forthcoming decisions will have significant implications for the balance between individual liberties and the imperatives of national security.
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