New Delhi: The Supreme Court on Monday said that the special court constituted under the NIA Act could hear the bail plea of jailed Bramulla Lok Sabha Member of Parliament (MP) Sheikh Abdul Rashid, popularly known as Engineer Rashid.
A bench comprising Justice Dipankar Datta and Justice Manmohan said that the trial against Rashid started before he was elected as an MP and 21 prosecution witnesses in the case had been examined by the special court.
High Court registrar general had moved the apex court seeking clarification on the issue of jurisdiction
The Delhi High Court registrar general had moved the apex court seeking clarification on the issue of jurisdiction of the court which should hear the bail plea filed by the Baramulla MP.
A lawyer associated with the case told news agency PTI that with the clarification from the High Court, the High Court could pass directions on the administrative side within next two-three days.
High Court earlier issued notice to its registrar general
The High Court on February 4 had issued notice to its registrar general for the clarification on the issue of designation of a court to hear a plea moved by Rashid seeking bail in a terror-funding case.
Rashid moved High Court seeking quick disposal of his bail plea pending before trial court
Rashid moved the High Court seeking a direction from the court for quick disposal of his bail plea pending before a trial court in the in the terror funding case.
Rashid also moved an application before the High Court seeking interim bail to attend the ongoing parliament session or custody parole in the alternative.
High Court on Monday allowed two-day custody parole to Rashid
The High Court, while allowing two-day custody parole to Rashid, who is lodged in Tihar Jail in judicial custody in a terror funding case, said that the Baramulla MP would be ferried to Lok Sabha and back on February 11 and 13, and the security inside Parliament would be decided in consultation with the secretary general.
The trial court earlier reserved its verdict on the regular bail plea of Rashid after hearing arguments and later it sent the matter back to the District Judge requesting the District Judge to transfer the case to a court designated to try lawmakers, since Rashid was now an MP.
