SRINAGAR: The Delhi High Court on Wednesday asked the National Investigation Agency (NIA) to consider whether Baramulla MP Sheikh Abdul Rashid, better known as Engineer Rashid, could be released on bail subject to stringent conditions, including a restriction on his movement to Delhi.
A bench of Justices Prathiba M Singh and Vikas Mahajan sought instructions from the NIA on whether Rashid, who has been in custody for nearly seven years in a terror funding case, could be allowed to remain in Delhi if granted bail.
The court observed that Rashid’s political influence in Kashmir could be a factor, but questioned whether the concern could be addressed by imposing strict conditions on his release.
“The biggest threat from him is his physical presence in Kashmir because he has a lot of local influence,” the bench observed, asking the NIA to consider a situation in which Rashid is required to remain in Delhi and not return to Kashmir.
The NIA counsel was directed to take instructions on the proposal. The matter has been listed for November 3.
The court also took note of the length of Rashid’s incarceration and the pace of the trial. It observed that he had remained in custody for almost seven years while the case involves around 240 witnesses, indicating that the proceedings could take considerable time to conclude.
Rashid has sought regular bail in the case registered under the Unlawful Activities (Prevention) Act. He has been lodged in Tihar Jail since 2019, when the NIA arrested him in connection with a 2017 terror funding case.
Opposing his bail plea, the NIA argued that there was sufficient material on record to establish a prima facie case against him. The agency alleged that Rashid had been involved in activities against the state, funded stone-pelting after allegedly receiving money from Pakistan and made speeches that could contribute to unrest.
Rashid had earlier been granted interim bail to attend ceremonies following the death of his father.
The NIA has accused him of funding separatists and militant groups in Jammu and Kashmir. He was named in the agency’s chargesheet filed in October 2019.
A special NIA court subsequently framed charges against Rashid and other accused in March 2022 under provisions including criminal conspiracy, waging war against the government and sedition, besides relevant sections of the UAPA.
