MP Engineer Rashid will get bail: What used to be the NIA’s ‘terrorism’ case in opposition to him? | Defined Information

Omar has steered that the BJP would possibly attempt to shape a central authority with Rashid’s Awami Ittehad Birthday party (AIP), and Other people’s Democratic Birthday party (PDP) leader Mehbooba Mufti has described the AIP as a proxy for the BJP aimed toward dividing Kashmiri votes.

NIA’s ‘terrorism’ case report

On Would possibly 30, 2017, the Nationwide Investigation Company (NIA) registered a case beneath Segment 120B (felony conspiracy) of the IPC and quite a lot of sections of the Illegal Actions (Prevention) Act, 1967 (UAPA) in opposition to Lashkar-e-Taiba founder Hafiz Saeed and different “separatist and secessionist” leaders, who, in keeping with the NIA, “gained and picked up” budget via hawala channels in connivance with lively terrorists of terrorist organisations Hizb-ul-Mujahideen, Dukhtaran-e-Millat, Lashkar-e-Taiba to finance “terrorist actions” in Jammu and Kashmir.

Rashid used to be now not named within the case on the time, and used to be now not a few of the 12 accused within the NIA’s first chargesheet filed on January 18, 2018, or a few of the accused named within the first supplementary chargesheet filed on January 22, 2019.

Rashid used to be arrested on August 9, 2019, 4 days after the abrogation of Article 370 and removing of Jammu and Kashmir’s particular standing. Virtually all of the political management of Kashmir, together with 3 former leader ministers, used to be additionally detained.

Rashid used to be named as an accused in the second one supplementary chargesheet filed on October 4, 2019. 4 others had been additionally named: Yasin Malik of the Jammu and Kashmir Liberation Entrance (JKLF), Shabir Shah of the Jammu Kashmir Democratic Freedom Birthday party (JKDFP), Masrat Alam of the Jammu and Kashmir Muslim League and Dukhtaran-e-Millat chief Asiya Andrabi.

Of the overall 16 folks arrested within the case, 3, together with Asiya Andrabi and photojournalist Kamran Yusuf, were acquitted. One, Altaf Ahmed Shah, 66, son-in-law of overdue Hurriyat chief Syed Ali Shah Geelani, died on October 11, 2022.

Fees in opposition to Engineer Rasheed

In line with the NIA, Rashid used quite a lot of public platforms to “propagate the ideology of separatism and separatism”, used to be intently related to quite a lot of terrorist organisations and sought after to offer “legitimacy” to the United Jihad Council (UJC), a platform of anti-India terrorist teams in Jammu and Kashmir.

an e mail: The NIA cited an e mail despatched to Yasin Malik by way of a person named Khwaja Manzoor Ahmad Chishti, asking him handy over a packet to “Sheikh Rashid sahab”. Alternatively, Chishti used to be now not arrested – which used to be used as a defence by way of Rashid in court docket.

In line with the NIA, the emails confirmed that Rashid used to be amassing budget throughout the JKLF, which used to be being despatched via money couriers to “advertise anti-national actions” within the Valley. The NIA relied at the alleged remark of a witness who claimed he had labored for Rashid from 2011 to 2014, and had noticed alleged hawala broker Zahoor Ahmad Shah Watali delivering an envelope filled with cash to Rashid.

Fb put up: The NIA depended on a put up on Rashid’s Fb web page during which he used to be allegedly looking to shield Hafiz Saeed. Rashid reportedly mentioned, “There could also be variations with Hafiz Saeed’s politics, there could also be variations together with his strategies, however in the end he’s combating for a political reason, he has no world schedule.”

‘Close to Vatali’: The NIA depended on Rashid’s “shut courting” with Watali, who used to be “a conduit for cash switch from the Pakistani established order to separatist parts”. This used to be according to the statements of 2 secure witnesses. “Watali used to be benefiting from the accused’s (Rashid’s) place as an MLA (from 2008-18) to contain folks in illegal actions,” the witness reportedly mentioned.

Watali used to be granted bail by way of the Delhi Prime Courtroom in 2018, however the Excellent Courtroom in 2019 struck down the verdict. A two-judge bench headed by way of Justice AM Khanwilkar dominated that on the level of bail, the court docket will have to most effective imagine whether or not the accused has prima facie dedicated the offence according to the proof earlier than it, with out engaging in an in depth inquiry. This determination has made it extraordinarily tricky to procure bail beneath the UAPA.Zahoor Ahmed Shah Watali vs NIA,

Rescue of Engineer Rashid

Rashid has mentioned that the NIA has most effective offered an outdated Fb put up and the statements of 2 secure witnesses. He has mentioned that the “Sheikh Rashid sahab” within the e mail used to be now not him.

Rashid has argued that he has already been acquitted beneath sections 20, 38 and 39 of the UAPA, which care for being part of and supporting a terrorist organisation. He has additionally mentioned that the grounds for arrest weren’t informed to him in writing.

Rashid has cited court docket choices. Angela Harish Sontakke Case, Javed Ghulam Nabi Sheikh Different judgments within the case were cited to attract consideration to the lengthy duration of his detention because of the gradual tempo of the case.

In February 2020, a distinct court docket in Delhi rejected Rashid’s first bail plea. Fees had been framed in opposition to Rashid and 14 others on March 16, 2022. The exam of witnesses started on November 1 of the similar 12 months and 20 witnesses were tested thus far. There are 375 witnesses within the case.