New Delhi [India], July 31 : The Delhi High Court on Thursday issued notice to the NIA on a plea challenging the framing of charges against MP Engineer Rashid. It is listed on October 6.
Meanwhile, the Delhi High Court has transferred the plea for modification in the custody parole order to the roster bench. It is listed on August 6 for hearing before the roster bench comprising Justice Anup Jairam Bhambhani, subject to the order of the Chief Justice.
A division bench of justices Vivek Chaudhary and Shalinder Kaur issued notice to the NIA on a plea challenging the order of framing of charges against MP Engineer Rashid. The High Court has sought a response. Special Public Prosecutor (SPP) Akshai Malik accepted notice.
The regular bail petition is also pending before the bench and will be heard together on the next date. While hearing the plea seeking interim bail/custody parole for the full parliament session, the High Court said that the arguements are the same, so it's better that you press for modification of the earlier order.
Senior advocate N Hariharan accepted the suggestion and urged the matter to be listed before the roster bench that had passed the earlier order.
MP Rashid Engineer sought an interim bail to attend the parliament session.
On the last hearing on July 29, the court asked the counsel that the application for modification of the earlier order is still pending. The issue with the fresh application remains the same. We cannot hear the same issue again. Counsel for the petitioner submitted that, in the alternative, interim bail has been sought.
The court said that it had been considered earlier by the predecessor division bench. You should press the modification plea. The counsel for accused Submitted that earlier the interim bail plea. The Delhi High Court on July 25 issued notice to the NIA on the interim bail plea. He has sought interim bail to attend the parliament session.
On July 22, the Special NIA court had rejected his plea for interim bail. However, he was granted custody parole. The Special NIA judge at Patiala House Court granted custody parole to Engineer Rashid from July 24 to August 4.
This custody parole was granted for the period of a parliamentary session. Rashid has to bear the cost and comply with other conditions. Now, he has said that the custody parole was granted for a limited period. It is submitted that if he is not granted interim bail, then he may be granted custody parole from July 23 to August 21 to attend Parliament's Monsoon session.
He has also sought a direction to set aside the order to bear expenses for travel and other arrangements.
Rashid is in judicial custody in a terror funding case linked to Hafiz Saeed. Engineer Rashid was represented by Senior Advocate N Hariharan along with Advocates Aditya Wadhwa, Vikhyat Oberoi, and Nishita Gupta.
It was before the special court that it was argued that the trial court had granted interim bail to him on September 10, 2024, for state elections campaigning, which was extended thrice. Hence, he cannot be considered a security threat.
Moreover, the Delhi High Court had allowed him to attend parliament in custody twice on February 10 and March 25, during which he duly participated, the counsel submitted.
NIA had opposed the plea, submitting that an interim order should not be granted. If he is allowed to attend in custody, he should pay travel expenses. Counsels for Rashid are opposed to paying any travel expenses, as he is seeking to attend Parliament as his public duty and not for his personal work. On earlier occasions, Engineer Rashid was also granted permission to attend parliament sessions and to take the oath.