New Delhi [India], February 10: The Delhi High Court has granted custody parole to Rashid Engineer, the Baramulla MP, who is accused in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA). Engineer, currently lodged in Tihar Jail, sought parole to attend the ongoing parliament session on February 11 and 13.
Court’s Decision and Conditions
The court, led by Justice Vikas Mahajan, granted parole with strict conditions. Engineer will be escorted by police officials under tight security to and from Parliament. The court imposed a ban on his use of mobile phones, landlines, or the Internet and prohibited him from addressing the media or interacting with anyone during this period. The bench clarified that the parole was granted due to delays in adjudicating his bail application due to jurisdictional issues.
NIA’s Opposition and Legal Arguments
The National Investigation Agency (NIA) opposed the parole request, arguing that Engineer’s request was generic and had no valid grounds. Sidharth Luthra, representing the NIA, stressed that parole for attending Parliament was not necessary, as Engineer had no speech to deliver. The NIA also raised concerns about the security implications of armed personnel escorting Engineer to Parliament, as armed guards are prohibited inside the building.
Senior advocate N Hariharan, representing Engineer, emphasized the urgency of his attendance in Parliament, citing the reduced allocation of funds to Jammu & Kashmir and the need to address pressing regional issues.
Background of the Case
Rashid Engineer, arrested in August 2019, is accused of being involved in terror financing activities in Jammu and Kashmir. The NIA has linked him to multiple militant organizations, including Lashkar-e-Taiba, Hizbul Mujahideen, Jaish-e-Mohammed, and JKLF. The NIA claims that these groups, in collaboration with Pakistan’s ISI, orchestrated violent attacks on civilians and security forces in the region. The investigation also involves the All Party Hurriyat Conference (APHC), which allegedly funneled funds through hawala to support separatist activities.
Despite facing these serious charges, Engineer won a seat in India’s 2024 parliamentary elections while still incarcerated, defeating former Jammu and Kashmir Chief Minister Omar Abdullah by a margin of 204,000 votes.
Legal Developments and Pending Bail Application
Engineer has been seeking regular bail since September 2024, but his petition has been delayed due to jurisdictional issues. The Special NIA Court refused to hear his bail application, stating that it fell under the MP/MLA court’s jurisdiction. As a result, the Registrar General of the Delhi High Court has approached the Supreme Court for clarification on which court has the authority to hear Engineer’s bail plea. The main petition is set for a hearing on February 11.
NIA’s Claims and Opposition to Bail
The NIA has opposed Engineer’s interim bail, arguing that the parole application is a misuse of the bail process and claiming that Engineer has not provided valid grounds to justify his release. The agency stated that Rashid Engineer had not demonstrated how his presence in Parliament would serve his constituency and insisted that his claims were vague.
Conclusion
The Delhi High Court’s decision to grant custody parole for Rashid Engineer allows him to attend Parliament but under stringent conditions. His ongoing legal battle concerning bail, coupled with the jurisdictional issue, is a significant development in the broader case of terror funding in Jammu and Kashmir.