NIA Seeks Exclusive Authority in Rashid’s Case Amid Jurisdiction Debate

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New Delhi: India’s National Investigation Agency (NIA) has moved to the Delhi High Court to obtain authorization allowing the Special NIA Court to function as an MP/MLA court in the ongoing case against Engineer Sheikh Abdul Rashid, an Independent MP from Baramulla, Indian occupied Jammu and Kashmir.

According to Kashmir Media Service, the NIA’s intent is to centralize proceedings in the “terror funding” case involving Rashid, who is currently held in judicial custody at Tihar Jail. The proposal has sparked debates over jurisdictional authority, as cases under the Unlawful Activities (Prevention) Act (UAPA) typically fall under the NIA’s jurisdiction, but the MP/MLA court was specifically created for cases involving legislators. The NIA argues that transferring the case to the MP/MLA court could lead to unnecessary delays.

Senior Advocate Siddharth Luthra, serving as the Special Public Prosecutor for the NIA, informed the Patiala House Court that a decision from the High Court could take up to ten days. Principal District and Sessions Judge Vimal Kumar Yadav has scheduled the next hearing for December 6.

Rashid’s legal counsel, Advocate Vikhyat Oberoi, highlighted the extended delay in Rashid’s interim bail plea, filed to allow him to attend the ongoing parliamentary session. Despite Rashid’s status as an elected representative, the bail plea remains unresolved, raising concerns about the infringement of his constitutional rights.

The Special NIA Court had previously suggested transferring Rashid’s case to the MP/MLA court, but the NIA continues to oppose this recommendation. The ongoing legal battle underscores the challenges faced by elected representatives from Indian occupied Jammu and Kashmir, with legal experts pointing to Rashid’s prolonged detention as indicative of broader attempts to suppress dissenting voices from the region.

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