Delhi court junks Engineer Rashid's bail plea in terror funding case
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.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Waqf Bill assault on Constitution, part of BJP's strategy to damage harmony: Congress
New Delhi (PTI): The Congress Sunday termed the Waqf (Amendment) Bill an "assault" on the Constitution and alleged the proposed legislation was part of the BJP's "continuing attempts to damage" the centuries-old bonds of social harmony.
It is also part of the BJP's attempts to "demonise minority communities" by spreading propaganda and creating prejudices, the opposition party alleged.
Congress general secretary in-charge communications Jairam Ramesh said the Waqf (Amendment) Bill, 2024 is "deeply flawed".
"The Waqf (Amendment) Bill, 2024 is part of the BJP's strategy and continuing attempts to damage the centuries-old bonds of social harmony in our uniquely multi-religious society," he said in a statement.
It is part of the BJP's strategy and continuing attempts "to demonise minority communities by spreading false propaganda and creating prejudices", Ramesh claimed.
He alleged that the bill is aimed at diluting Constitutional provisions that guarantee equal rights and protection to all citizens, regardless of religion.
It is part of the BJP's strategy and continuing attempts to "defame traditions and institutions of minority communities to keep our society in a state of permanent polarization for electoral gains", the Congress leader alleged.
He claimed the proposed legislation is deeply flawed for five reasons.
Ramesh alleged that all the institutions created by previous laws to administer Waqfs were actively sought to be reduced in stature, composition and authority to deliberately deprive the community the right to administer its own religious traditions and affairs.
"Deliberate ambiguity has been introduced for determining who can donate their land for waqf purposes thus altering the very definition of waqf itself," he said.
The waqf-by-user concept developed by the nation's judiciary on the basis of long, continued and uninterrupted customary usage is being abolished, Ramesh claimed.
"Provisions in the existing law are being removed without any reason just to weaken the administration of the waqf. Enhanced defences are now being introduced in the law to protect those who have encroached on waqf lands," he claimed.
Ramesh said far-reaching powers have been given to the collector and other designated state government officers on matters related to disputes concerning waqf properties as well as their registration.
Officers of the state governments will now have the powers to derecognize any waqf on anyone's complaint or on a mere allegation of the waqf property being a government property till a final decision is taken, he claimed.
"It bears recall that a 428-page report was literally bulldozed through the JPC without it ever having gone through a detailed clause-by-clause discussion. It thus violates all Parliamentary practices," Ramesh said.
"Most fundamentally, the Waqf (Amendment) Bill, 2024 is an assault on the Constitution of India itself," the Congress leader asserted.
His remarks came after the Parliament's joint committee submitted its report on the Waqf (Amendment) Bill. Though not listed yet, there is speculation that the proposed legislation could be brought for passage in Parliament during the ongoing Budget Session.
The 31-member panel on the Bill, after multiple sittings and hearings, suggested several amendments to the proposed legislation even as the opposition members disagreed with the report and submitted dissent notes.
The 655-page report was submitted to Lok Sabha Speaker Om Birla on January 30.
The joint committee adopted the report that contained changes suggested by members of the ruling BJP by a 15-11 majority vote. The move prompted the opposition to dub the exercise an attempt to destroy Waqf boards.
The Bill was referred to the joint committee on August 8 last year, following its introduction in the Lok Sabha by Union Minority Affairs Minister Kiren Rijiju.
_vb_59.jpeg)