Today, On 18th March, The Delhi High Court has scheduled the hearing of Engineer Rashid’s plea to attend Parliament on March 25. Rashid, an independent MP from Jammu and Kashmir, seeks permission to participate in parliamentary proceedings. Currently in judicial custody over a terror funding case, he has moved the court to exercise his rights as an elected representative. The court’s decision will impact his ability to fulfill legislative duties while in custody.
New Delhi: The Delhi High Court scheduled a hearing for March 25 regarding a plea filed by jailed Jammu and Kashmir MP Sheikh Abdul Rashid, also known as Engineer Rashid, requesting permission to attend the ongoing Parliament session.
A bench comprising Justices Chandra Dhari Singh and Anup J. Bhambhani postponed the hearing after the counsel for the National Investigation Agency (NIA) indicated that a trial court was set to deliver its verdict on Rashid’s regular bail plea on March 19.
The senior counsel representing Rashid noted that he received the agency’s response to the plea on Monday evening.
Rashid, who is currently on trial under the Unlawful Activities (Prevention) Act (UAPA) related to a 2017 terror funding case, has contested a March 10 ruling from a trial court that denied him custody parole or interim bail to attend Lok Sabha sessions until April 4.
In its response to the appeal filed on March 17, the National Investigation Agency (NIA) stated that Rashid should not be permitted to leverage his status as an MP to escape the consequences of imprisonment.
The NIA contended that Rashid could neither be granted interim bail nor custody parole, asserting that he has no enforceable right to attend Parliament while in lawful custody.
Labeling Rashid as a “highly influential” individual who could potentially influence witnesses in Jammu and Kashmir, the NIA emphasized,
“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.”
On March 12, the high court requested the NIA’s position on Rashid’s appeal.
Rashid’s counsel requested the high court to allow him to attend the ongoing Parliament session on custody parole, similar to a previous two-day reprieve he received. Custody parole involves a prisoner being accompanied by armed police personnel to their destination.
The Baramulla MP, who defeated Omar Abdullah in the 2024 Lok Sabha elections, is currently on trial for terror funding, facing allegations of financing separatists and terrorist organizations in Jammu and Kashmir.
He has been incarcerated in Delhi’s Tihar Jail since 2019 after being arrested by the NIA in connection with the 2017 terror funding case.
According to the NIA’s FIR, Rashid’s name emerged during the interrogation of businessman and co-accused Zahoor Watali.
After being charge sheeted in October 2019, a special NIA court laid formal 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, as well as offenses related to terrorist acts and terror funding under the UAPA.