Today, On 17th March, The National Investigation Agency (NIA) told the Delhi High Court that Engineer Rashid cannot use his legislator status to seek reprieve in legal proceedings. The agency argued that his position as an elected representative does not grant him immunity from prosecution. Rashid, currently in custody under UAPA charges, had sought relief citing his political role. The Court is set to examine the matter while considering legal precedents in such cases.
New Delhi: The National Investigation Agency (NIA) stated on Monday that Sheikh Abdul Rashid, also known as Engineer Rashid, a jailed MP from Jammu and Kashmir, should not be permitted to leverage his status to “evade the rigors of imprisonment.”
This response was made in the Delhi High Court regarding Rashid’s appeal against a March 10 trial court decision that denied him custody parole or interim bail to attend Lok Sabha sessions until April 4.
The NIA emphasized that Rashid, who faces serious allegations under the Unlawful Activities (Prevention) Act (UAPA), had no enforceable right to attend Parliament while in lawful custody. The agency accused him of “forum shopping” and misusing the legal process, asserting that there were no valid grounds to grant him relief due to his “vague averments” about his intention to “serve the constituency.”
The NIA stated,
“The mere fact that the appellant is a Parliamentarian does not grant him any exception from the reality of being in judicial custody. It is well established that legislators have no statutory right to participate in House sessions while under lawful detention,”
The agency noted that charges were formally filed against Rashid by a special court when he was submitting nominations for the Lok Sabha elections, and the trial was already in progress.
The NIA remarked that Rashid was aware of his judicial custody due to serious offenses punishable under the UAPA, and his election as an MP did not alter this situation.
They added,
“It cannot be utilized as a means to obtain interim bail under the pretense of serving his constituency,”
Referring to Rashid as a “highly influential” individual who could potentially sway witnesses in Jammu and Kashmir, the agency asserted,
“(Under) Section 43D(5) of the UAPA, bail cannot be granted if there are reasonable grounds to believe that the accusations against the accused are prima facie true.”
The NIA argued that Rashid’s appeal did not meet the dual criteria set forth in Section 43D(5) of the UAPA and should therefore be dismissed.
Furthermore, the summons issued by the President of India for Rashid to attend the parliamentary session were described as a “routine matter,” sent to all parliamentarians, not just him.
The NIA mentioned that a decision on Rashid’s regular bail plea was made on March 19 and that his prior requests for interim bail to participate in Lok Sabha proceedings had been denied. On March 12, the high court sought the NIA’s position regarding Rashid’s appeal.
Rashid’s legal counsel urged the Delhi High Court to allow him to attend the ongoing parliamentary session on custody parole, similar to a previous two-day relief granted to him.
Custody parole permits a prisoner to be escorted by armed police personnel to a designated location under strict security. The Baramulla MP, who secured victory over Chief Minister Omar Abdullah in the 2024 Lok Sabha elections, is currently facing trial in a terror funding case.
He is accused of financially supporting separatist groups and terror organizations in Jammu and Kashmir and has been detained in Tihar Jail since 2019 following his arrest by the NIA under the UAPA in connection with a 2017 terror-funding investigation.
As per the NIA’s FIR, Rashid’s involvement emerged during the questioning of businessman and co-accused Zahoor Watali. In October 2019, he was chargesheeted, and by March 2022, a special NIA court framed charges against him.
The case includes charges under Sections 120B (criminal conspiracy), 121 (waging war against the government), and 124A (sedition) of the IPC, along with provisions of the UAPA related to terrorism and terror financing.
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