A Delhi court on Tuesday allowed jailed Kashmiri leader Sheikh Abdul Rashid, also known as Engineer Rashid, to take the oath of office as a Member of Parliament (MP) by granting him custody parole on July 5
NEW DELHI: Today (2nd July): A Delhi court on Tuesday allowed jailed Kashmiri leader Sheikh Abdul Rashid, also known as Engineer Rashid, to take the oath of office as a Member of Parliament (MP) by granting him custody parole on July 5.
The National Investigation Agency (NIA) on Monday gave its nod to allow Rashid to take the oath, but requested that certain conditions be imposed.
Rashid, a former two-time MLA who heads the Awami Ittehad Party, was arrested in 2019 in a case filed under the Unlawful Activities Prevention Act (UAPA) and is currently lodged in Tihar jail.
He was the first prominent leader to be detained under UAPA, facing charges related to terror financing. He was under investigation for allegedly receiving funds from Pakistan to support separatist activities in Jammu and Kashmir.
Rashid ran as an independent candidate in Baramulla, Jammu and Kashmir, winning with a significant margin of 2,04,142 votes, defeating former Chief Minister Omar Abdullah.
Indian law does not explicitly prohibit undertrials from running in elections. While incarcerated individuals are barred from voting under Section 62(5) of the Representation of People Act (RPA), a 2013 amendment stipulates that they can still be considered electors if their names are on the electoral rolls.
This amendment countered a Supreme Court ruling on July 10, 2023, which had barred individuals in police custody or prison from contesting elections, arguing they lose their status as electors. The amended provision now permits even imprisoned individuals to stand for elections.
Section 8(3) of the RPA states that a person convicted of an offence and sentenced to imprisonment for at least two years is disqualified from contesting elections for six more years after their release. However, this does not apply to undertrials, who have not been convicted.
