Earlier, on March 19, a trial court had denied Rashid’s regular bail in the case. He is facing trial under the Unlawful Activities (Prevention) Act (UAPA) in a 2017 terror funding case.
New Delhi, March 25 – The Delhi High Court has reserved its decision on a plea by Jammu and Kashmir MP Abdul Rashid Sheikh, who is currently in jail for a terror funding case, seeking permission to attend the ongoing Parliament session.
A bench of Justices Chandra Dhari Singh and Anup Jairam Bhambhani initially considered granting permission but later decided to pass a detailed order.
The court discussed possible conditions if Rashid’s plea was allowed. One of the conditions was that the Lok Sabha Speaker could be asked to allow a police officer to accompany the independent MP from Baramulla inside Parliament premises.
The National Investigation Agency (NIA) strongly opposed Rashid’s request, arguing that the court has
“no jurisdiction inside Parliament.”
Earlier, on March 19, a trial court had denied Rashid’s regular bail in the case. He is facing trial under the Unlawful Activities (Prevention) Act (UAPA) in a 2017 terror funding case.
Rashid had earlier challenged a March 10 trial court order that refused him custody parole or interim bail to attend Lok Sabha proceedings till April 4. The NIA, in its reply filed on March 17, argued that Rashid should not be allowed to use his status as an MP to “get away from rigours of imprisonment.”
The NIA further stated, “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.”
The agency also contended that Rashid could neither be granted interim bail nor allowed custody parole since he had no legal right to attend Parliament while in custody.
Labeling Rashid as a “B” person, the NIA argued that he might influence witnesses in Jammu and Kashmir if released, even temporarily.
On March 12, the Delhi High Court had asked the NIA to present its position on Rashid’s appeal.
Rashid’s lawyer urged the high court to permit him to attend the Parliament session on custody parole, similar to the two-day reprieve he had received earlier. Custody parole means that the prisoner is escorted by armed police to the designated place and is under constant surveillance.
Background
Abdul Rashid Sheikh, an independent MP from Baramulla, won against Omar Abdullah in the 2024 Lok Sabha elections. However, he is currently in Delhi’s Tihar Jail after being arrested by the NIA in 2019 in connection with a terror-funding case.
According to the NIA’s FIR, Rashid’s name surfaced during the interrogation of businessman and co-accused Zahoor Watali. He was charge-sheeted in October 2019, and in March 2022, a special NIA court framed charges against him and others.
The charges include Sections 120B (criminal conspiracy), 121 (waging war against the government), and 124A (sedition) of the Indian Penal Code, along with offenses related to terrorist acts and terror funding under the UAPA.
