Delhi HC Suggests Geographical Restriction While Hearing Engineer Rashid’s Bail Plea

New Delhi, Feb 19: The Delhi High Court on Thursday asked the National Investigation Agency (NIA) to consider whether geographical restrictions could be imposed if Baramulla Member of Parliament Sheikh Abdul Rashid, popularly known as Engineer Rashid, were to be granted bail in a terror funding case.

A division bench comprising Justices Prathiba M Singh and Madhu Jain raised the query while hearing Rashid’s appeal challenging the trial court’s order that had rejected his second regular bail application in March 2025. The court observed that, given his status as an elected parliamentarian, it may be possible to examine conditional arrangements such as limiting his movement to a specified area, though it clarified that no opinion had yet been formed on the matter.

“Suppose it is something like a geographical restriction. He is a Member of Parliament… You can think about it. The court has not given any opinion,” the bench orally remarked while addressing the NIA’s senior counsel, who stated that the agency opposed the bail plea but would seek instructions on the suggestion.

Senior counsel representing Rashid submitted that the MP has been in custody since 2019 and has spent over six and a half years in jail. During this period, he was granted interim bail on two occasions and, according to his counsel, complied strictly with all conditions imposed by the court. It was argued that there were no allegations of misuse of bail or attempts to influence witnesses.

The defence further contended that the NIA’s apprehension regarding potential witness intimidation was unfounded. Rashid’s counsel pointed out that he had previously been allowed to attend Parliament in custody, which involved extensive security arrangements.

The court was informed that the NIA had initially listed 378 witnesses in the case but later reduced the number to 248. The defence maintained that the trial was likely to take considerable time to conclude and that prolonged incarceration without conclusion of proceedings entitled the MP to consideration for bail.

Rashid was arrested in 2019 under the Unlawful Activities (Prevention) Act in connection with a 2017 terror funding case. The NIA’s FIR stated that his name surfaced during the interrogation of businessman Zahoor Watali, who is also an accused in the case. Charges were framed in March 2022 under various provisions of the Indian Penal Code, including criminal conspiracy and sedition, as well as offences under the UAPA related to alleged terrorist acts and funding.

In his appeal, Rashid asserted that he is a mainstream political leader who has been elected twice as an MLA and recently as a Member of Parliament. He argued that the allegations against him are baseless and that his political engagement may have made him a target of both separatist elements and investigative scrutiny. The plea also sought bail to enable him to attend Lok Sabha sessions, stating that he represents a significant segment of the Kashmir Valley electorate and has a constitutional obligation towards his constituency.

The High Court has listed the matter for further hearing on March 11.