whose-court-is-it-anyway-confusion-on-jailed-mp-rashid-s-bail-plea

Who hears the bail plea of Jammu and Kashmir MP Rashid Engineer in a terror funding case is a moot point baffling courts and has reached the Supreme Court. With legal experts weighing in, the tricky scenario, prompted by the issue over jurisdiction, calls for a closer look at the gap in law.

Issue and case against Rashid

The issue over the bail hearing arose after an NIA court said it couldn’t pass orders on the bail plea of the jailed MP, facing terror charges. On the other hand, the statute doesn’t allow cases probed by the NIA to be heard by special courts meant for lawmakers.

 

Though the question is pending before the Delhi High Court, its registrar general recently wrote to the Supreme Court to intervene.

 

The National Investigation Agency (NIA) arrested Rashid under the Unlawful Activities (Prevention) Act in a 2017 terror funding case. He contested the 2024 Lok Sabha polls from the Baramulla constituency and won.

Rashid has been lodged in Tihar Jail since 2019.

 

The Supreme Court in 2017 paved way for the creation of special MP/MLA courts. It asked the Centre to set up 12 special courts across states for expeditious trial of criminal cases involving MP/MLAs.

 

Accordingly, special courts in NCT of Delhi and other states were constituted.

 

From time to time, the top court and high courts passed orders offering clarity on the functioning of the special courts meant for cases against lawmakers.

Senior advocate Rebecca John, however, says the Supreme Court needs to re-examine the whole issue of MP/MLA courts.

 

“Why should there be separate courts for representatives of Parliament or state legislative assemblies? Particularly when ordinary citizens don’t get exclusive courts to try their cases,” she argues.

 

Official stats show 124 cases pending in six MP/MLA courts in Delhi as of January 1.

 

Former Delhi High Court judge and senior advocate Mukta Gupta says separate courts were assigned to hear cases relating to MPs and MLAs to expedite trials relating to the lawmakers.

 

“These special courts unless designated as courts under the NIA law, cannot hear NIA matters because that is a statutory requirement.” “Courts assigned for MP/MLA cases primarily hear cases of CBI and other economic offences. The special CBI courts were designated to hear cases against MP/MLAs,” adds Gupta.