MP/MLA Courts Or NIA Court, Who Decides? Jailed MP Rashid Engineer’s Bail Plea Stuck In Legal Limbo
1 month, 3 weeks ago

MP/MLA Courts Or NIA Court, Who Decides? Jailed MP Rashid Engineer’s Bail Plea Stuck In Legal Limbo

ABP News  

New Delhi, Feb 5 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. 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. Section 11 of the Act says, “The Central Government shall, by notification in the official gazette, for the trial of scheduled offences, constitute one or more special courts for such area or areas, or for such case or class or group of cases, as may be specified in the notification.” While John says the NIA court is a creation of a statute and can't be subordinate to any other court, Gupta feels under the statute, the special court conducting NIA trial is competent to deal with the case of the petitioner though an MP or MLA. Senior advocate Vikas Pahwa says, “When an accused is charged under specific statutes — such as the UAPA, PMLA, NDPS, POCSO and others — the jurisdiction of the special courts constituted under those statutes will prevail.” This, says Pahwa, is because the specialised courts established by Parliament are offence centric, designed to address the unique complexities of particular crimes rather than focusing on the status of the accused.

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History of this topic

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea For Custody Parole To Attend Parliament Budget Session
2 weeks, 1 day ago

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea For Custody Parole To Attend Parliament Budget Session

Live Law  

Jammu and Kashmir MP Engineer Rashid on Wednesday moved the Delhi High Court challenging a trial court order denying him custody parole in a terror funding case registered under UAPA.Rashid has sought custody parole in order to enable him to attend the ongoing Parliament session. Jammu and Kashmir MP Engineer Rashid on Wednesday moved the Delhi High Court challenging a …

HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea
1 month, 2 weeks ago

HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea

Hindustan Times  

The Delhi high court will on February 24 hear jailed parliament member Engineer Rashid’s plea against a local court’s December 23 refusal to pass an order on his bail plea citing lack of jurisdiction. Justice Vikas Mahajan scheduled the hearing after Delhi high court’s registrar general informed the court about the Supreme Court ’s permission for a special court to …

Delhi HC lists Engineer Rashid's bail plea in NIA case on February 24 after SC clarification
1 month, 2 weeks ago

Delhi HC lists Engineer Rashid's bail plea in NIA case on February 24 after SC clarification

The Hindu  

The Delhi High Court on Tuesday listed for hearing on February 24 a plea by jailed MP Abdul Rashid Sheikh alias Engineer Rashid on the issue of lack of a forum to decide his bail plea in a terror funding case. Justice Vikas Mahajan deferred the hearing after he was informed by the counsel for the High Court administration that …

Delhi HC seeks NIA stand on Engineer Rashid seeking custody parole to attend Parliament
1 month, 3 weeks ago

Delhi HC seeks NIA stand on Engineer Rashid seeking custody parole to attend Parliament

Op India  

The Delhi High Court on Thursday asked National Investigation Agency to clarify its stand on an application moved by Baramulla MP Engineer Rashid seeking custody parole to attend ongoing parliament session amidst a jurisdictional row. During the hearing, Delhi High Court acknowledged that the Registrar General has filed an application with the Supreme Court of India regarding the jurisdictional authority …

Delhi HC seeks NIA stand on Engineer Rashid’s plea attend Parl on custody parole
1 month, 3 weeks ago

Delhi HC seeks NIA stand on Engineer Rashid’s plea attend Parl on custody parole

Hindustan Times  

The Delhi high court on Thursday sought the stand of the National Investigation Agency on letting jailed MP Engineer Rashid, facing trial in a terror funding case, to attend the ongoing Parliament’s Budget session on custody parole. A bench of justice Vikas Mahajan asked special public prosecutor Akshai Malik to seek instructions despite the agency’s opposition that his release even …

Delhi HC seeks NIA stand on custody parole to jailed MP Engineer Rashid
1 month, 3 weeks ago

Delhi HC seeks NIA stand on custody parole to jailed MP Engineer Rashid

The Hindu  

The Delhi High Court on Thursday asked the National Investigation Agency to respond to a plea seeking to allow jailed MP Engineer Rashid, facing trial in a terror funding case, to attend the ongoing Parliament session on custody parole. The court was hearing Mr. Rashid’s petition alleging he was left without any remedy after the NIA court dealing with his …

Delhi HC seeks SC clarification on court jurisdiction for Engineer Rashid’s bail plea
Trending News
1 month, 3 weeks ago

Delhi HC seeks SC clarification on court jurisdiction for Engineer Rashid’s bail plea

New Indian Express  

NEW DELHI: The Delhi High Court has approached the Supreme Court seeking clarification regarding the appropriate trial court to hear the bail plea of Baramulla MP Engineer Rashid, currently imprisoned in a terror funding case under the Unlawful Activities Act. The issue arose after the special NIA court, which had reserved its order on Rashid’s bail plea, later transferred the …

Can Special NIA Court Designated As MP/MLA Court Hear Cases Against Other Accused ? Delhi High Court Seeks Clarification From Supreme Court
1 month, 3 weeks ago

Can Special NIA Court Designated As MP/MLA Court Hear Cases Against Other Accused ? Delhi High Court Seeks Clarification From Supreme Court

Live Law  

The Delhi High Court has approached the Supreme Court seeking clarification in the 2017 directions by the Supreme Court for setting up Special Courts for the trials of Members of Parliament/Members of the Legislative Assembly.The application filed through the Registrar General of Delhi High Court seeks clarification on "Whether the Special Court constituted under the. The Delhi High Court has …

NIA opposes bail plea of Baramulla MP Rashid Engineer in terror funding case
1 month, 3 weeks ago

NIA opposes bail plea of Baramulla MP Rashid Engineer in terror funding case

Hindustan Times  

The National Investigation Agency on Tuesday opposed the interim bail plea of Baramulla MP Rashid Engineer, arguing that it was not maintainable and should be dismissed on merits. Rashid, who is currently in Tihar Jail in connection with the Jammu and Kashmir terror-funding case, had filed the plea in the Delhi High Court seeking temporary release to attend the Parliament's …

NIA Opposes MP Engineer Rashid's Plea In Delhi High Court Seeking Interim Bail In UAPA Case
1 month, 3 weeks ago

NIA Opposes MP Engineer Rashid's Plea In Delhi High Court Seeking Interim Bail In UAPA Case

Live Law  

The National Investigation Agency on Tuesday opposed before the Delhi High Court the plea filed by Jammu and Kashmir MP Rashid Engineer seeking interim bail in a terror funding case registered under UAPA.Rashid has sought interim bail in order to attend the Parliamentary budget session which commenced on January 31. The National Investigation Agency on Tuesday opposed before the Delhi …

Jurisdiction row: Delhi HC official writes to SC over J&K MP Engineer Rashid's bail plea
1 month, 3 weeks ago

Jurisdiction row: Delhi HC official writes to SC over J&K MP Engineer Rashid's bail plea

New Indian Express  

NEW DELHI: The Delhi High Court registrar general has written to the Supreme Court over the issue of jurisdiction of the court which should ideally hear jailed J&K MP Rashid Engineer's bail plea in a NIA case. Senior advocate Sidharth Luthra, representing the NIA, informed Justice Vikas Mahajan that the senior high court official sought the Supreme Court's indulgence over …

NIA opposes interim bail plea of jailed J&K MP Engineer Rashid in High Court
1 month, 3 weeks ago

NIA opposes interim bail plea of jailed J&K MP Engineer Rashid in High Court

The Hindu  

The National Investigation Agency on Monday opposed in the Delhi High Court a plea by jailed Jammu and Kashmir MP Engineer Rashid for interim bail in a terror-funding case to attend Parliament. In its response to Mr. Rashid’s plea before Justice Vikas Mahajn, the NIA said it was a classic case of misuse of the interim bail provision ought to …

Delhi HC seeks NIA stand onEr Rashid’s interim bail plea
Top News
1 month, 3 weeks ago

Delhi HC seeks NIA stand onEr Rashid’s interim bail plea

Hindustan Times  

The Delhi high court on Thursday sought the NIA’s stand on a plea by jailed Jammu and Kashmir MP Engineer Rashid for interim bail in a terror-funding case to attend Parliament. Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections and has been lodged in Tihar Jail since 2019 after the NIA arrested him under the …

Delhi High Court Seeks NIA's Stand On MP Engineer Rashid's Plea Seeking Interim Bail In UAPA Case
1 month, 3 weeks ago

Delhi High Court Seeks NIA's Stand On MP Engineer Rashid's Plea Seeking Interim Bail In UAPA Case

Live Law  

The Delhi High Court on Thursday sought stand of the National Investigation Agency on the plea filed by Jammu and Kashmir MP Rashid Engineer seeking interim bail in a terror funding case registered under UAPA.Justice Vikas Mahajan asked NIA's counsel, Senior Advocate Siddharth Luthra, to obtain instructions in the matter. The Delhi High Court on Thursday sought stand of the …

HC asks NIA stand after jailed J&K MP Rashid Engineer seeks interim bail to attend Parliament
Trending News
1 month, 3 weeks ago

HC asks NIA stand after jailed J&K MP Rashid Engineer seeks interim bail to attend Parliament

The Hindu  

The Delhi High Court on Thursday sought the NIA's stand on a plea by Jammu and Kashmir MP Rashid Engineer seeking interim bail in a terror-funding case to attend Parliament. His main petition urges the High Court to either direct the expeditious disposal of his pending bail plea by the trial court or decide the matter itself. On December 24 …

Delhi HC seeks NIA stand on J&K MP Engineer Rashid’s bail plea in terror funding case
2 months ago

Delhi HC seeks NIA stand on J&K MP Engineer Rashid’s bail plea in terror funding case

The Hindu  

The Delhi High Court on Thursday asked the National Investigation Agency to spell out its stand on Jammu and Kashmir MP Rashid Engineer's plea for bail in a terror funding case. Senior advocate N. Hariharan, representing Mr. Rashid, argued that his bail plea was pending in the trial court for a considerable time and urged the High Court to either …

Delhi HC seeks NIA stand on J&K MP Rashid Engineer's plea in terror case
Top News
2 months ago

Delhi HC seeks NIA stand on J&K MP Rashid Engineer's plea in terror case

Hindustan Times  

The Delhi High Court on Thursday sought the stand of the NIA on Jammu and Kashmir MP Rashid Engineer's plea on the issue of granting him bail in a terror-funding case. In response to Jammu and Kashmir MP Rashid Engineer's request for bail in a terror-funding case, the Delhi High Court on Thursday requested the NIA's position. On December 24 …

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case
2 months ago

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case

Live Law  

Jammu and Kashmir MP Rashid Engineer on Wednesday moved the Delhi High Court seeking expeditious ruling by the trial court on his second regular bail plea in connection with a terror funding case. Rashid has sought directions to the trial court judge to expedite a decision on his pending regular bail application. The development ensued after the ASJ, which was …

Delhi HC directs accused to be produced virtually in MCOCA case involving AAP MLA
3 months, 1 week ago

Delhi HC directs accused to be produced virtually in MCOCA case involving AAP MLA

The Hindu  

The Delhi High Court on Wednesday sought the virtual presence of two accused persons from jail in a case under the stringent Maharashtra Control of Organised Crime Act involving AAP MLA Naresh Balyan. The court was dealing with the Delhi police’s plea to transfer the case of all the accused persons from a trial court in Dwarka to the special …

NIA seeks special court for LS MP Engineer Rashid’s case
3 months, 3 weeks ago

NIA seeks special court for LS MP Engineer Rashid’s case

New Indian Express  

NEW DELHI: The National Investigation Agency on Wednesday informed the Patiala House court that it is seeking approval from the Delhi high court to designate a special NIA court for handling cases involving MPs and MLAs. The move comes in the context of Lok Sabha MP Sheikh Abdul Rashid, also known as Engineer Rashid, being an accused in the Jammu …

NIA to request Delhi High Court to vest powers of MP/MLA court to hear Engineer Rashid’s case
4 months ago

NIA to request Delhi High Court to vest powers of MP/MLA court to hear Engineer Rashid’s case

The Hindu  

The National Investigation Agency on Wednesday informed the Patiala House court in New Delhi that it will write a letter to the Delhi High Court requesting it to designate the NIA court with the powers of MP/MLA court to empower it to hear a terror funding case in which Baramulla MP, Shiekh Abdul Rashid, is one of the accused. The …

Delhi court to hear Engineer Rashid's bail plea in terror funding case tomorrow
4 months, 1 week ago

Delhi court to hear Engineer Rashid's bail plea in terror funding case tomorrow

India Today  

A Delhi court is set to pronounce its decision on Thursday regarding the transfer of the terror funding case against Sheikh Abdul Rashid, popularly known as 'Engineer Rashid', to a special MP/MLA court. The National Investigation Agency, which filed the case against Engineer Rashid in connection with alleged terror funding dating back to 2017, has opposed the jurisdiction transfer plea. …

NIA Files 17 Appeals to Challenge Kerala High Court Order on PFI Members
5 months, 1 week ago

NIA Files 17 Appeals to Challenge Kerala High Court Order on PFI Members

Deccan Chronicle  

National Investigation Agency (NIA) has filed 17 separate appeals regarding the Kerala High Court order granting bail to 17 members of the banned Popular Front of India (PFI). The high court's order imposed stringent conditions on their bail, including sharing mobile numbers and real-time GPS locations with the investigating officer, surrendering passports, and remaining within Kerala.

Pendency Of NIA Cases In Designated Special Courts: Delhi High Court Seeks MHA’s Response
2 years, 1 month ago

Pendency Of NIA Cases In Designated Special Courts: Delhi High Court Seeks MHA’s Response

Live Law  

The Delhi High Court has sought response of Ministry of Home Affairs on a plea highlighting the pendency of cases registered under National Investigation Agency Act in two designated special courts of the national capital.At present, the NIA cases in Patiala House Courts are being heard by two special courts i.e. The Delhi High Court has sought response of Ministry …

44 NIA Cases Pending Before Patiala House Court, Delhi High Court Told
2 years, 5 months ago

44 NIA Cases Pending Before Patiala House Court, Delhi High Court Told

Live Law  

The Delhi High Court has been informed by its administrative side that as on July 31, a total of 44 cases under National Investigation Agency Act are pending before the two designated special courts in Patiala House Courts. At present, the NIA cases in Patiala House Courts are being heard by two special courts i.e. "As on 31.07.2022, 4 NIA …

Two Designated Courts For NIA Cases, Hearing Done Only By One: Delhi High Court Told; Status Report Sought
2 years, 8 months ago

Two Designated Courts For NIA Cases, Hearing Done Only By One: Delhi High Court Told; Status Report Sought

Live Law  

The Delhi High Court has recently been informed that while there are two designated courts especially dealing with cases under the National Investigation Agency Act, hearing is being done only by one Court. Justice Jasmeet Singh, who was hearing a plea raising the issue of long pendency of cases under the NIA Act, sought further status report from the authorities …

Supreme Court Dismisses NIA's Plea Challenging Default Bail To Sudha Bharadwaj In Bhima Koregaon Case
3 years, 3 months ago

Supreme Court Dismisses NIA's Plea Challenging Default Bail To Sudha Bharadwaj In Bhima Koregaon Case

Live Law  

The Supreme Court on Tuesday dismissed the petition filed by the National Investigation Agency challenging the default bail granted to lawyer-activist Sudha Bharadwaj by the Bombay High Court on December 1, after over three years of her arrest in the Bhima Koregaon case. A Bench comprising Justice UU Lalit, Justice Ravindra Bhat and Justice Bela Trivedi observed that there was …

Special Courts For MP/MLAs : Supreme Court To Examine If Cases Triable By Magistrate Can Be Committed To Sessions Court
3 years, 4 months ago

Special Courts For MP/MLAs : Supreme Court To Examine If Cases Triable By Magistrate Can Be Committed To Sessions Court

Live Law  

The Supreme Court on Monday orally observed that when a statute states that the trial has to be before a Magistrate, Supreme Court court in exercise of its jurisdiction under Article 142 cannot then say that notwithstanding the statute, the jurisdiction will be exercised by Court of SessionsA Bench comprising CJI NV Ramana, Justice DY Chandrachud and Justice Surya Kant …

For Speedy Trial Of Cases Against MPs/MLAs, Special/CBI Courts Need To Be Set Up In Different Parts Of The State Where More Than 100 Cases Are Pending : Supreme Court
3 years, 7 months ago

For Speedy Trial Of Cases Against MPs/MLAs, Special/CBI Courts Need To Be Set Up In Different Parts Of The State Where More Than 100 Cases Are Pending : Supreme Court

Live Law  

Expressing deep concern at the long pendency of criminal cases against sitting and former MPs/MLAs, the Supreme Court has called for the establishment of more Special/CBI Courts to deal with such matters.The Court said that the establishment of only one Special Court to try cases against legislators in a State with large number of such cases will be a travesty …

Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning
3 years, 7 months ago

Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning

Live Law  

The Delhi High Court has recently pulled up a Special NIA Judge, Patiala House Courts for delay in hearing a bail plea since February on the ground that the hearing could only be done via physical mode since the records in the case were voluminous.A division bench comprising of Justice Anup J. Bhambhani and Justice Siddharth Mridul observed thus:"With utmost …

Special MP/MLA Benches To Only Hear Cases Against Them; Not Those Filed By Them, Orders Madras High Court
4 years, 1 month ago

Special MP/MLA Benches To Only Hear Cases Against Them; Not Those Filed By Them, Orders Madras High Court

Live Law  

The Madras High Court has ordered that Special Benches, which are established in Courts to expeditiously hear criminal cases pertaining to MPs/ MLAs, will only hear cases "filed against" them. A Division Bench comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy noted that on several occasions, when there are benches specially dealing with matters pertaining to MPs and …

Madras High Court Panel Questions Validity Of Supreme Court Order Setting Up Special Courts For MPs/MLAs
4 years, 4 months ago

Madras High Court Panel Questions Validity Of Supreme Court Order Setting Up Special Courts For MPs/MLAs

Live Law  

The legal validity of establishing Special Courts for trial of MPs and MLAs has been questioned by the Criminal Rules Committee, comprising of three Judges from the Madras High Court. The Committee noted that the Supreme Court fell in error by ordering that a Central Scheme may be prepared for setting up of Courts, exclusively to deal with criminal cases …

No Illegality In Establishing 'Offender Centric' Courts For Trial Of MPs/MLAs: Amicus Curiae Tells Supreme Court [Read Report]
4 years, 4 months ago

No Illegality In Establishing 'Offender Centric' Courts For Trial Of MPs/MLAs: Amicus Curiae Tells Supreme Court [Read Report]

Live Law  

Senior Advocate Vijay Hansaria, Amicus Curiae in the matter concerning expeditious disposal of criminal cases pending against former/sitting legislators, has told the Supreme Court that there is no illegality in designating special Courts for trial of such MPs/MLAs. "In the present case, this Hon'ble Court has directed expeditious trial of criminal cases against MPs/ MLAs by designating Special Courts in …

Criminal Cases Against MPs/ MLAs: Manipur HC Directs Govt To Establish Two Special Courts; Seeks Monthly Status Reports [Read Order]
4 years, 5 months ago

Criminal Cases Against MPs/ MLAs: Manipur HC Directs Govt To Establish Two Special Courts; Seeks Monthly Status Reports [Read Order]

Live Law  

With an aim to enable "timely action" in criminal cases pending against sitting and former MPs and MLAs, the High Court of Manipur on Thursday directed the State Government to create two "exclusive Special Courts" at Imphal at the Sessions and Magisterial levels. No.1 are created, the State Government is directed to designate the Courts of Additional District & Sessions …

Over 200 Cases Against Lawmakers Under Special Laws Pending in Different States: SC Told
4 years, 6 months ago

Over 200 Cases Against Lawmakers Under Special Laws Pending in Different States: SC Told

News 18  

More than 200 cases are pending against lawmakers under special laws such as the Prevention of Corruption Act, the Prevention of Money Laundering Act and the Protection of Children from Sexual Offences Act, 2012 in different states, the Supreme Court was informed on Tuesday. The reports submitted to the High Courts' pursuant to orders dated March 5, 2020 and September …

Supreme Court seeks details of criminal cases pending against MPs, MLAs
6 years, 6 months ago

Supreme Court seeks details of criminal cases pending against MPs, MLAs

Hindustan Times  

The Supreme Court on Wednesday directed state chief secretaries and registrar generals of all high courts to provide details of criminal cases pending against lawmakers and how many of these have been transferred to the special courts set up pursuant to the top court’s December 2017 order. In December, the apex court ordered the setting up of 12 special courts …

12 special courts to try MP, MLA cases
6 years, 6 months ago

12 special courts to try MP, MLA cases

Deccan Chronicle  

New Delhi: The Centre on Tuesday informed the Supreme Court that so far 12 special courts have been set up in 11 states to try exclusively the pending 2,466 criminal cases against MPs/MLAs with a view to expediting the disposal within one year. The Centre in an affidavit said one special court each has been established in the states of …

Delhi HC sets up 2 Special Courts for quick resolution of cases against MPs and MLAs
7 years, 1 month ago

Delhi HC sets up 2 Special Courts for quick resolution of cases against MPs and MLAs

Op India  

Delhi High Court has directed the setting up of 2 Special Courts to deal with cases against elected representatives of the Parliament and the Assembly. The decision comes after the Supreme Court had ordered 12 fast track courts for cases against MPs and MLAs to be made functional by the 1st of March. The law ministry said in the affidavit, …

SC directs Centre, states to set up 12 special courts to try criminal politicians
7 years, 3 months ago

SC directs Centre, states to set up 12 special courts to try criminal politicians

Deccan Chronicle  

New Delhi: With a view to ensuring political accountability and to expedite the trial of netas with criminal track record, the Supreme Court on Thursday directed the Centre and the states to set up 12 special courts to try criminal cases against MPs/MLAs by March 1, 2018. A Bench of Justices Ranjan Gogoi and Navin Sinha passed this interim order, …

SC Tells States To Ensure Special Courts For MP, MLA Cases Are Functional By March 2018 [Read Order]
7 years, 3 months ago

SC Tells States To Ensure Special Courts For MP, MLA Cases Are Functional By March 2018 [Read Order]

Live Law  

List the matter on 7th March, 2018 by which time the Special Courts will be expected to be get functional in the light of the directions aforementioned. Giving a go ahead to the Centre in setting up special courts to deal with cases against MPs and MLAs, the Supreme Court has ordered all 12 proposed fast track courts to be …

Special courts for MPs, MLAs: Supreme Court
7 years, 4 months ago

Special courts for MPs, MLAs: Supreme Court

Deccan Chronicle  

New Delhi: Aiming to weed out criminals from politics, the Supreme Court on Wednesday told the Centre to come back with a plan next month to set up special courts for fast tracking trial of 1,581 lawmakers facing criminal cases since 2014. Supreme Court seeks info on fresh cases from centre Justice Gogoi said that this argument has arisen because …

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