New Delhi, Feb 10: The Supreme Court on Monday said the special court constituted under the NIA Act could hear the bail plea of jailed J&K MP Engineer Rashid in a terror funding case.
A bench of Justices Dipankar Datta and Manmohan said the trial against Rashid commenced before his election as an MP and 21 prosecution witnesses had been examined by the special court.
A lawyer associated with the case told PTI that with the apex court order clarifying the position, the Delhi High Court could pass directions on the administrative side within two-three days.
The Delhi High Court registrar general moved the top court over the issue of jurisdiction of the court which should ideally hear jailed Rashid’s bail plea.
“Clarify that the high court may authorise the trial of MPs/MLAs (including Ex- MPs/MLAs) who are facing trial of the scheduled offences as prescribed in the Special Acts like NIA Act by the special court designated/constituted under Section 11 of the NIA Act instead of by the Special Courts created for the trial of MPs/MLAs and thereby enabling the High Court to issue necessary notification/office order in this regard,” the high court said in its plea.
The clarification from Supreme Court was required as a 2016 judgment of the apex court designates MP/MLA court to solely try cases involving MP/MLAs.
Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections and has been lodged in Tihar Jail since 2019 after the NIA arrested him under the Unlawful Activities (Prevention) Act in the 2017 terror-funding case.
In a related development, the Delhi High Court today allowed two-day custody parole to Engineer to attend the ongoing Parliament session.
Justice Vikas Mahajan said Rashid could attend the Parliament session on February 11 and 13. (Agencies)
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