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MP Engineer Rashid's Bail Hearing Deferred Once Again

Rashid, president of the Awami Ittehad Party (AIP) and representative of Jammu and Kashmir’s Baramulla constituency in the Parliament, is in judicial custody in connection with a terror funding case being investigated by the NIA

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Engineer Rashid
Engineer Rashid protesting in Srinagar | Photo: PTI
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The interim bail hearing for jailed MP Engineer Rashid which was scheduled for 12 December, was deferred once more as the judge remained on leave, the Awami Ittehad Party (AIP) spokesperson said. The hearing has been rescheduled for December 13, 2024.

“The AIP is steadfast in its support for Engineer Rashid and will continue to fight for his rights. We urge all his supporters to keep him in their thoughts and prayers as we await tomorrow’s proceedings,” the AIP said. The Lok Sabha MP had filed an application in Delhi’s Patiala House Court seeking interim bail to attend the ongoing winter session of Parliament.

Rashid, President of the AIP and representative of Jammu and Kashmir’s Baramulla constituency in Parliament, is in judicial custody in connection with a terror funding case being investigated by the National Investigation Agency (NIA). He was arrested on August 5, 2019 after the abrogation of Article 370 and lodged in Delhi’s Tihar Jail. He faces charges under the Unlawful Activities (Prevention) Act (UAPA).

READ | Engineer Rashid Fails To Replicate Lok Sabha Success In J&K Assembly Elections

While incarcerated in 2024, Rashid filed his nomination for the parliamentary elections and won by a margin of 2,04,000 votes, defeating Jammu and Kashmir Chief Minister Omar Abdullah. Rashid's victory in the North Kashmir constituency of Baramulla came as a surprise to many, including Abdullah.

Despite entering the race late and being in jail under UAPA charges, Rashid secured 470,000 votes, while Abdullah trailed with around 268,000 votes and Peoples Conference leader Sajad Lone received about 173,000 votes.

On September 10, a Delhi court had granted Rashid interim bail until October 2 to campaign in the Jammu and Kashmir Assembly elections conducted in J&K after ten years. On October 14, the court extended his bail on the grounds of his ailing father’s health and directed him to surrender to Tihar on October 28. Rashid surrendered on October 28 and has been in jail since.

During his release, Rashid campaigned all across Kashmir Valley expecting to win many seats. Though he drew good crowds, this didn't translate into votes.

Rashid failed to generate the momentum he had enjoyed during the parliamentary polls when he was in jail and his son Abrar Rashid, 23, was campaigning for him. During the elections the National Conference accused him of being the proxy of the Bharatiya Janata Party (BJP) to divide Kashmiri voters.

The 90-member Jammu and Kashmir Assembly elections were held in three phases from September 18 to October 1, with results announced on October 8. The National Conference secured a decisive victory, winning 42 seats. Rashid’s party won one seat in Langate.

On November 25, Rashid moved a Delhi court, seeking interim bail to attend Parliament. Appearing virtually from Tihar Jail, Rashid said, “I have been elected by my people. I was not allowed to attend the last session. With folded hands, I request you to grant me interim bail.” Earlier this weekthe Awami Itihaad Party issued an appeal for the release of its president.

“As the winter session of Parliament commences on November 25, we extend our best wishes to you all as you step into the temple of democracy--a sacred space where the voice of the common man finds expression through their elected representatives. Democracy is rightly called the battle of ideologies, and Parliament is its ultimate arena.”

The appeal to MPs said, “We bring to your attention a grave injustice that demands your immediate attention--the continued incarceration of your fellow parliamentarian, Engineer Rashid, who represents the Baramulla parliamentary constituency in Jammu and Kashmir.”

“On August 5 2019, the day Article 370 was abrogated, Er Rashid was summoned to Delhi and detained under false and baseless charges. Despite being held in custody, he contested the parliamentary elections, won with a massive mandate and became the elected voice of the Baramulla constituency. However, since taking his oath as a Member of Parliament, he has not been allowed to attend even a single session of the Lok Sabha,” the party appeal says.

It says Baramulla, the constituency he represents, consists of 18 assembly segments and accounts for nearly 40% of Jammu and Kashmir’s population. “From 2008 to 2018, Er Rashid fearlessly served his people, voicing their concerns and aspirations without compromise. Yet, today, the same voice is being silenced under the pretext of incarceration, denying the people of Baramulla their rightful representation.”

“We urge all parliamentarians to rise above political affiliations and stand for democratic principles by raising your voice for Er Rashid’s release and his right to attend Parliament. Denying him this opportunity is not just a betrayal of his mandate but an insult to the democratic process itself. It sets a dangerous precedent where the will of the people is suppressed and their chosen representative is silenced,” the party said.

“What is happening with Er Rashid today could happen to any of you tomorrow. If raising the voice of the people of Jammu and Kashmir is considered a crime, then Er Rashid will continue to “commit” this crime proudly, as he is not a criminal but a leader who lives in the hearts of the people,” the party said.

“On behalf of the people of Jammu and Kashmir in general and the Baramulla Parliamentary Constituency in particular, we appeal to you with the utmost respect and hope. On the first day of this parliamentary session, we urge you to demand Er Rashid’s immediate release and advocate for his right to attend the Parliament sessions to represent his people,” the party said.