Trial Of Engineer Rashid MP Can Continue In Special NIA Court Instead Of MP/MLA Court : Supreme Court Clarifies

The Supreme Court on Monday (February 11) clarified that trial of Engineer Rashid MP can proceed before the Special NIA Court instead of the Special Court for MPs/MLAs.

The clarification was made in the case where directions were issued for setting up Special Courts for the trials of Members of Parliament/Members of the Legislative Assembly (MPs/MLAs).

The bench of Justice Dipankar Datta and Justice Manmohan was hearing an application filed by the Delhi High Court through the Registrar General  seeking clarification that "the High Court may authorise that trial of MPs/MLAs (including Ex-MPs/MLAs) who are facing trial of the scheduled offences as prescribed in the Special Acts like NIA Act by the Special Court designated/constituted under Section 11 of the NIA Act instead of by the Special Courts created for the trial of MPs/MLAs and thereby enabling the High Court to issue necessary notification/office order in this regard.”

The bench, in its order, noted that one of the accused, namely Engineer Rashid, who was facing trial before the NIA Special Court, had now become an elected Member of Parliament. As the trial began even before his election in 2024, 21 witnesses have been examined by the Special Court under the Investigation Agency (Amendment) Act, 2019, the Court allowed the clarification as sought above. 

It stated that an order in relation to the clarification would also be issued. 

"Since trial against the relevant Member of Parliament had commenced even before his election and as on date 21 witnesses have been examined by the prosecution before the Special Court constituted under the National Investigation Agency (Amendment) Act, 2019, in the special facts and circumstances that have been projected before us, we grant clarification as prayed by the Registrar General. There shall be an order in terms of prayer (a) of the application" 

Case Details : Ashwini Kumar Upadhyay v. UOI W.P.(C) No. 699/2016

Click Here To Read/Download Order