Will Er Rashid's movement be restricted if released on bail?
Srinagar, Feb. 21 -- On Thursday, the Delhi high court asked the National Investigation Agency (NIA) whether it would consider restricting Baramulla MP Er Rashid's movement to a particular geographical area if he is released on bail in a terror funding case.
A bench of Justices Prathiba M Singh and Madhu Jain was hearing Rashid's appeal challenging the trial court's order refusing him bail last year.
AIP spokesperson said that senior counsel appearing for Rashid submitted that he has been in custody for over six-and-a-half years and was granted interim bail on two earlier occasions. He told the court that Rashid neither violated bail conditions nor faced any complaint during those periods. The counsel argued that the NIA's apprehension that he might influence witnesses was unfounded and pointed out that he was earlier allowed to attend Parliament in custody.
"During the hearing, the bench orally asked the NIA's senior counsel to take instructions on whether Rashid's movement could be limited to a specific geographical area if he were released, considering that he is a sitting Member of Parliament," the spokesperson said adding that the court observed that such a condition could address concerns while balancing his role as a parliamentarian.
The NIA said it opposed bail but would seek instructions on the court's query.
The spokesperson further said that Rashid's counsel submitted that while the NIA had initially cited 378 witnesses in the case, the number was later reduced to 248, and the trial was likely to take considerable time. He argued that prolonged incarceration and delay in conclusion of the trial entitled Rashid to bail.
The high court posted the matter for further hearing on March 11.
Rashid has been lodged in Tihar Jail since 2019 after being arrested by the NIA under the Unlawful Activities (Prevention) Act in connection with a 2017 terror funding case. On March 21, 2025, the trial court had dismissed his second regular bail application.
The spokesperson said that in his appeal, the MP contended that he has already spent over five years in custody and the delay in trial, which is unlikely to conclude soon, justifies his release. The plea also stated that the allegations against him are baseless and that he has always been engaged in mainstream democratic politics, having been elected twice as an MLA and later as a Member of Parliament....
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