On Thursday, the Delhi High Court directed the National Investigation Agency (NIA) to respond to a petition filed by Baramulla Member of Parliament (MP) Engineer Rashid, who is seeking interim bail to attend the upcoming Parliament Budget session starting on January 31.

Rashid, who has been incarcerated since 2019 in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA), requested bail to fulfill his parliamentary duties.

The plea was taken up by Justice Vikas Mahajan, who issued a notice to the NIA. Senior Advocate N. Hariharan, representing Rashid, emphasized the importance of the MP’s attendance, pointing out that his constituency could not be left without representation for an extended period. “I have already missed a session, and now the Budget session is starting tomorrow. What do I do?” he said, highlighting the urgency.

Hariharan also mentioned that the NIA court had refused to hear Rashid’s bail plea, stating that it wasn’t the designated court for lawmakers’ cases. He raised concerns about Rashid’s lack of legal recourse, questioning, “Can I be left remediless? Is that the intent? I have pledged allegiance to this country. I am not a flight risk.”

The Bench, which included Senior Counsel Sidharth Luthra representing the NIA, emphasized the need for a resolution. It remarked, “We have to find a solution to this. The MP/MLA court cannot be a special judge.”

Luthra explained that the NIA had sought clarification from the Supreme Court on whether a special court could handle MP/MLA cases and expressed concerns about the writ petition's maintainability, citing the NIA Act’s special provision for appeal.

The Court granted Luthra additional time to consult with the NIA on the matter.

Rashid, who had previously won the Baramulla Lok Sabha seat by defeating Jammu and Kashmir Chief Minister Omar Abdullah with a margin of over two lakh votes, was granted interim bail by a trial court last year to campaign for Jammu and Kashmir’s assembly elections.