New Delhi, Nov 27: The National Investigation Agency (NIA) on Wednesday orally informed the Patiala House court that it is writing a letter to the Delhi High Court requesting it to designate the power of MP/MLA court to the Special National Investigation Agency (NIA) Court to empower it to hear the matter in which Engineer Shiekh Abdul Rashid, now an MP, is one of the accused.
Senior advocate Siddharth Luthra, Special Public Prosecutor (SPP) for agency, submitted that it will take ten days to receive a response from the High Court. He requested to list the matter after that.
Principal District and Sessions Judge Vimal Kumar Yadav after hearing the submissions listed the matter for hearing on December 6.
During hearing Senior advocate Siddharth Luthra and advocate Gautam Khazanchi appeared for NIA. They submitted that the powers of NIA are designated under the provisions of the NIA Act to hear the matters registered under UAPA investigated by the NIA.
It was also submitted that the MP/MLA courts were created after a judgement in a Public Interest Litigation.
The NIA also filed a response to the pending issue stating that the case should not be transferred to the MP/MLA court as it would delay the trial.
Advocate Vikhyat Oberoi counsel for MP Engineer Rashid prayed the court to issue a formal notice on the interim bail. The court kept it also pending for the next date.
On the last date, the court had sought a response from the NIA. Engineer Rashid had moved a plea seeking interim bail to attend the ongoing session of Parliament.
The NIA Court has recently referred the matter to District judge to consider the transfer of the case to special MP/MLA court.
On the last date, the counsel for NIA and accused persons made submissions that the case should not be transferred to an MP/MLA court as there is no such provision in NIA Act.
Advocate Vikhyat Oberoi had submitted thag bail plea of Engineer is pending for 2-3 months. The all accused persons want an expeditious trial.
The NIA special court, which is currently hearing the Jammu and Kashmir terror funding case, on November 21, recommended the transfer of the case to a special court designated for MPs/MLAs, considering that one of the accused, Rashid Engineer, is now an MP.
The court had urged the District Judge of Patiala House Court that the case be sent to a special designated judge for MPs/MLAs.
The court, while making recommendations for transfer, also sent all pending applications, including the regular bail plea of Rashid Engineer to District Judge.
Engineer Rashid, an Independent Lok Sabha MP from Baramulla, Jammu and Kashmir, has recently surrendered at Tihar Jail after his interim bail expired. This is related to the Jammu and Kashmir terror funding case currently being investigated by the NIA.
In August 2019, Rashid was arrested under the Unlawful Activities (Prevention) Act (UAPA). During his incarceration, he filed his nomination for the 2024 parliamentary elections from jail and won by a margin of 204,000 votes, defeating former Jammu and Kashmir Chief Minister Omar Abdullah.
In 2022, the NIA Court of Patiala House Court ordered the framing of charges against Rashid Engineer and several other key figures, including Hafiz Saeed, Syed Salahuddin, Yasin Malik, Shabbir Shah, Masrat Alam, Zahoor Ahmed Watali, Bitta Karate, Aftab Ahmed Shah, Avtar Ahmed Shah, Naeem Khan, and Bashir Ahmed Butt (also known as Peer Saifullah).
The charges are part of an ongoing investigation into terror funding in Jammu and Kashmir, where the National Investigation Agency (NIA) alleges that various militant organizations, such as Lashkar-e-Taiba, Hizbul Mujahideen, Jaish-e-Mohammed, and JKLF, collaborated with Pakistan’s intelligence agency, ISI, to orchestrate attacks on civilians and security forces in the region.
The NIA’s investigation claims that in 1993, the All Party Hurriyat Conference (APHC) was formed to further separatist activities, with funding channelled through hawala and other covert methods. Hafiz Saeed, along with Hurriyat leaders, is accused of using these illicit funds to fuel unrest in Jammu and Kashmir, targeting security forces, inciting violence, burning schools, and damaging public property. The agency contends that these operations were designed to destabilize the region and promote terrorism under the guise of political resistance. (Agencies)
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