Today, On 12th March, The High Court sought the National Investigation Agency’s (NIA) response to Jammu and Kashmir MP Engineer Rashid’s plea to attend Parliament. Rashid, currently in custody under terror-related charges, has requested permission to fulfill his parliamentary duties. The court’s directive puts the spotlight on the balance between legal proceedings and legislative responsibilities. A decision on the matter is expected after the NIA submits its stand.
New Delhi: The Delhi High Court requested the National Investigation Agency (NIA) to respond to the plea of jailed Jammu and Kashmir MP Sheikh Abdul Rashid, also known as Engineer Rashid, who is seeking permission to attend the current session of Parliament.
Rashid faces charges under the anti-terror law, the Unlawful Activities (Prevention) Act (UAPA).
A bench comprising Justices Prathiba M. Singh and Rajneesh Kumar Gupta issued a notice to the NIA regarding Rashid’s appeal against a trial court ruling that denied him custody parole or interim bail.
Scheduling the case for further hearing on March 18, the bench stated,
“Notice issued. Any objections should be presented to this court by Monday,”
Senior advocate N. Hariharan, representing Rashid, highlighted that the Parliament session runs until April 4 and that his constituency is currently without representation.
Noting that the high court had previously allowed him two days of custody parole, he urged,
“I represent a parliamentary constituency that comprises 45 percent of the total population of Jammu and Kashmir. Please grant me custody parole,”
Custody parole means a prisoner is escorted by armed police to the location of their visit. The NIA’s counsel indicated that Rashid’s regular bail plea is expected to be addressed by the trial court on March 19. The Baramulla MP, who defeated Chief Minister Omar Abdullah in the 2024 Lok Sabha elections, is undergoing trial for allegedly financing separatists and terror groups in Jammu and Kashmir.
As interim relief, the high court granted him a two-day custody parole on February 10 to attend Parliament on February 11 and 13. Rashid has been incarcerated in Tihar Jail since 2019 after his arrest by the NIA in a 2017 terror-funding case.
The registrar general of the Delhi High Court had previously approached the Supreme Court regarding the jurisdiction that should hear Rashid’s bail plea.
This clarification was necessary due to a 2016 Supreme Court ruling that designated a special MP/MLA court for cases involving legislators. In his petition, Rashid requested the high court either to expedite the NIA court’s consideration of his pending bail plea or to resolve the matter directly.
On December 24 of last year, Additional Sessions Judge Chander Jit Singh dismissed his plea for a ruling on the NIA case bail application, stating he could only address the miscellaneous application and not the bail plea, after the district judge sent the case back for transfer to a designated court for lawmakers.