New Delhi: The National Investigation Agency (NIA) on Wednesday said that it is preparing a letter to the Delhi High Court, seeking to grant the Special National Investigation Agency (NIA) Court the authority to hear cases currently designated to the MP/MLA court.
This request pertains to a case involving Engineer Sheikh Abdul Rashid, now a Member of Parliament, as one of the accused.
As per media reports Senior advocate appearing as Special Public Prosecutor (SPP) for the NIA, said that a response from the High Court is expected within ten days and requested the court to list the matter thereafter. Principal District and Sessions Judge scheduled the next hearing for 6 December.
During the proceedings, advocates arguing on behalf of the NIA, emphasised that the NIA’s jurisdiction under the NIA Act is specifically mandated for cases registered under the Unlawful Activities (Prevention) Act (UAPA) and investigated by the NIA. They further contended that the MP/MLA courts were established following a Public Interest Litigation judgement and that transferring this case to such a court would delay the trial.
The NIA also submitted a written response opposing the transfer of the case to an MP/MLA court. Advocate Vikhyat Oberoi, representing Engineer Rashid, requested the court to issue a formal notice regarding his client’s interim bail plea, which seeks permission to attend the ongoing parliamentary session. The court deferred this matter to the next hearing date.
Previously, the NIA Court had referred the issue to the District Judge to decide on transferring the case to an MP/MLA court. Both the NIA’s counsel and the accused had argued against the transfer, asserting that the NIA Act does not provide for such a procedure. Advocate Oberoi also pointed out that Engineer Rashid’s bail application has been pending for several months and urged for an expedited trial.
