Today(on 10th June),The Patiala House Court in Delhi schedules June 18, for hearing the plea of a Baramulla MP seeking interim bail to take his parliamentary oath, as he has been in custody for five years in a terror funding case.
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DELHI: Today(on 10th June), A Patiala House Court in Delhi has scheduled June 18 to hear arguments on an application filed by Engineer Rashid, who was arrested in a 2016 Jammu and Kashmir terror funding case, seeking interim bail to take his oath as an MP following the recent general elections.
Sheikh Abdul Rashid, commonly known as Engineer Rashid, won the Baramulla constituency in the 2024 Lok Sabha elections, defeating former J-K Chief Minister Omar Abdullah. Rashid, an Independent candidate, triumphed over the National Conference (NC) vice president.
Additional Sessions Judge Chander Jit Singh postponed the hearing to June 18 after the NIA requested additional time to respond to the MP’s application. The NIA informed the court that the official notification for the oath-taking of the newly elected Members of Parliament (Lok Sabha) had not yet been published.
Earlier, the court had directed the NIA to provide a response to the MP’s plea. The MP’s legal representative, Advocate Vikhyat Oberoi, had previously explained to ANI that they had filed an application seeking interim bail or, alternatively, custody parole to allow the MP to take his oath and perform other necessary parliamentary functions.
“We filed the plea on June 5. The Court took up the matter and set June 6 as the date for the NIA to respond.”
-Oberoi stated.
Despite this, the NIA did not submit a reply on the scheduled date. Consequently, the court rescheduled the hearing for June 7, instructing the NIA to submit their response.
Oberoi emphasized the urgency of the situation, highlighting the importance of the newly elected MP’s participation in parliamentary duties. The application argues that taking the oath is a constitutional requirement for all elected members, and failure to do so could impact the representation of the Baramulla constituency.
The case against the MP dates back five years when the NIA arrested him on charges related to terror funding. Despite his incarceration, he managed to win the Baramulla Lok Sabha seat, reflecting significant support from his constituency. His victory over Omar Abdullah, a prominent political figure, was a notable achievement in the recent elections.
The court’s decision on June 18 will be pivotal, as it will determine whether the MP can temporarily leave custody to fulfill his parliamentary obligations. The outcome of this hearing will also have broader implications for the legal interpretations of MPs’ rights and duties under custody.
An engineer who has faced multiple arrests and legal challenges has emerged victorious in the 2024 parliamentary elections, defeating the former Chief Minister of Jammu and Kashmir, Omar Abdullah. Rashid, a two-time MLA, now awaits the oath-taking ceremony as an MP, although the date for this ceremony has not yet been declared.
Oberoi highlighted Rashid’s political journey, stating-
“The engineer has served as an MLA for two terms. Now, after winning the election, he needs to take his oath as an MP.”
Rashid’s path to this victory has been fraught with legal hurdles and allegations.
In 2005, Rashid was arrested by the Special Operations Group (SOG) in Srinagar on charges of supporting militants. He was subsequently jailed for three months and 17 days. A severe charge of anti-national activities was slapped on him during this period. Rashid was confined in various prisons, including Cargo, Humhama, and Raj Bagh.
Later, in a significant turn of events, the Chief Judicial Magistrate of Srinagar dropped all charges against Rashid on humanitarian grounds. This legal relief marked a pivotal moment in his life and political career. Despite these challenges, Rashid’s resilience and determination continued to shine through.
In August 2019, Rashid faced another major legal challenge when he was arrested under the Unlawful Activities (Prevention) Act (UAPA). Despite being in jail, Rashid remained undeterred and filed his nomination form for the 2024 parliamentary elections. His campaign, run from behind bars, resonated with the electorate, resulting in a landslide victory.
Rashid won by a significant margin of two lakh four thousand votes, defeating Omar Abdullah, a prominent political figure and former Chief Minister of Jammu and Kashmir. This victory is not just a personal triumph for Rashid but also a statement on the resilience of the human spirit and the power of democratic processes.
The legal battles and allegations Rashid faced highlight the complexities of his political journey. His arrest in 2005 for supporting militants and the subsequent charges of anti-national activities were severe setbacks. The time spent in various prisons, including Cargo, Humhama, and Raj Bagh, added to the challenges he faced.
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However, the decision of the Chief Judicial Magistrate of Srinagar to drop all charges on humanitarian grounds in 2005 was a significant relief for Rashid. This legal exoneration allowed him to continue his political career and strive for greater goals.
The 2019 arrest under the UAPA was another significant hurdle. Despite the gravity of these charges, Rashid’s determination did not waver. Filing his nomination form for the 2024 parliamentary elections from jail was a bold move that paid off handsomely. His victory by a margin of two lakh four thousand votes, defeating a former Chief Minister, speaks volumes about his popularity and the support he garnered from the electorate.
Oberoi’s statement about Rashid’s impending oath-taking ceremony as an MP reflects the next step in his political journey. The engineer is a two-time MLA. Now he has to take oath as an MP after winning the election. This moment will be a significant milestone for Rashid, marking his transition from an MLA to an MP.
