New Delhi, Mar 21 (PTI): A Delhi court on Friday dismissed the bail application of Lok Sabha MP from Jammu and Kashmir's Baramulla, Engineer Rashid, in a terror funding case.
Additional sessions judge Chander Jit Singh said, "The bail plea dismissed."
Rashid has been lodged in Tihar jail since 2019 after he was arrested by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act in the 2017 terror funding case.
The trail court had on September 10 granted interim bail to Sheikh Abdul Rashid, popular as Engineer Rashid, to enable him to campaign for the assembly elections in Jammu and Kashmir.
The judge also previously extended Rashid's interim bail till October 28 on the ground of his father's health, after the NIA said it had verified the documents and it was not opposing the plea.
Elections to the 90-member J&K Assembly were held in three phases from September 18 to October 1.
The results were declared on October 8 in which the National Conference-Congress alliance attained a clear majority with 48 seats.
The Delhi High Court is also likely to consider on March 25 Rashid's plea to attend the ongoing Parliament session.
Rashid has challenged a March 10 order of the trial court, refusing him custody parole or interim bail to attend Lok Sabha proceedings till April 4.
In the reply filed to the appeal on March 17, the NIA said Rashid couldn't be allowed to use his status as an MP to "get away from rigours of imprisonment".
The NIA argued that Rashid could neither be granted interim bail nor allowed custody parole as he had no enforceable right to attend the Parliament session while in lawful custody.
Calling Rashid a "highly influential" person who might sway witnesses back home, the NIA said, "Under Section 43D(5) of the UAPA, the accused cannot be granted bail if there are reasonable grounds for believing that the accusations against him are prima facie true."
Rashid's counsel urged the high court to permit him to attend the ongoing Parliament session on custody parole, akin to a previous two-day reprieve granted to him.
Custody parole entails a prisoner being escorted by armed police personnel to the place of visit.
The Baramulla MP, who defeated Omar Abdullah in the 2024 Lok Sabha polls, is facing trial in a terror funding case with allegations that he funded separatists and terror groups in Jammu and Kashmir.
According to the NIA's FIR, Rashid's name cropped up during the interrogation of businessman and co-accused Zahoor Watali.
After being chargesheeted in October 2019, a special NIA court framed charges against Rashid and others in March 2022 under Sections 120B (criminal conspiracy), 121 (waging war against the government), and 124A (sedition) of the Indian Penal Code and for offences relating to terrorist acts and terror funding under UAPA.
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Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
