NIA Allows Kashmiri Leader Sheikh Abdul Rashid to Take Oath as MP; Court to Give Order Tomorrow

Today( on 1st July),The National Investigation Agency (NIA) approved jailed Kashmiri leader Engineer Rashid’s request to take his oath as an MP on July 25, with a court decision on his interim bail plea expected on Tuesday. Rashid, arrested in a 2017 terror funding case, seeks bail or custody parole to fulfill his parliamentary duties.

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NIA Allows Kashmiri Leader Sheikh Abdul Rashid to Take Oath as MP; Court to Give Order Tomorrow
NIA Allows Kashmiri Leader Sheikh Abdul Rashid to Take Oath as MP; Court to Give Order Tomorrow

NEW DELHI: Today( on 1st July), The National Investigation Agency (NIA) has granted permission for jailed Kashmiri leader Sheikh Abdul Rashid, popularly known as Engineer Rashid, to take his oath as a Member of Parliament (MP) on July 25. Additional Sessions Judge Chander Jit Singh is set to pass an order on this plea on Tuesday.

Sheikh Abdul Rashid, the MP from Baramulla, has been incarcerated since 2019 due to his alleged involvement in a terror funding case dating back to 2017. Arrested by the NIA under the Unlawful Activities (Prevention) Act, Rashid is currently lodged in Tihar jail. Despite his imprisonment, Rashid moved the court seeking either interim bail or custody parole as an alternative, allowing him to take the oath and fulfill his parliamentary duties.

“Rashid’s Oath Taking to be Under Certain Conditions”

The special court handling the case had previously adjourned the matter on June 22, directing the NIA to file its response. On Monday, the NIA’s counsel provided their consent but suggested that Rashid’s oath-taking be subject to specific conditions. According to the NIA’s counsel, Rashid should be restricted from speaking to the media during this period and must complete all formalities within a single day.

The counsel emphasized-

“Rashid’s oath taking should be subject to some conditions like not speaking to the media.”

Additionally, they stipulated-

“Rashid must complete everything within a day.”

Background of the Case

Engineer Rashid has been a prominent political figure in Kashmir, representing the Baramulla constituency. His arrest in 2019 was part of a broader crackdown on alleged terror funding activities in Jammu and Kashmir. The NIA charged him under the Unlawful Activities (Prevention) Act, linking him to a 2017 terror funding case that has seen multiple high-profile arrests and investigations.

Despite his imprisonment, Rashid’s legal team has been actively seeking ways for him to perform his duties as an elected MP. The interim bail or custody parole plea was one such effort, aiming to ensure that Rashid could take his oath and participate in parliamentary proceedings.

The court’s decision on Tuesday will determine the specifics of how Rashid can proceed with taking his oath. The NIA’s agreement, albeit with conditions, marks a notable point in this legal saga. It highlights the balance between legal proceedings against individuals charged with serious offenses and their rights and responsibilities as elected representatives.

Rashid’s legal team has argued for the necessity of allowing him to fulfill his parliamentary duties, emphasizing the importance of representation for his constituents. The NIA’s conditions, including the restriction on media interactions and the one-day limit, reflect concerns over security and potential misuse of the parole.

The additional sessions judge, Chander Jit Singh, will provide the final ruling, which will set the framework for Rashid’s temporary release for oath-taking. This decision will also indicate the judiciary’s stance on balancing legal restrictions with democratic processes.

The decision to allow Rashid to take his oath has been met with mixed reactions. Supporters argue that it is a necessary step to ensure that elected representatives can perform their duties, while critics highlight the severity of the charges against him.

The upcoming order by Additional Sessions Judge Chander Jit Singh will be closely watched, as it will set a precedent for how similar cases might be handled in the future. Rashid’s case is a significant intersection of legal accountability and democratic responsibilities, reflecting broader issues in the governance and legal systems.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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