New Delhi: The Delhi High Court allowed two-day custody parole to jailed north Kashmir MP Abdul Rashid Sheikh alias Rashid Engineer to attend the ongoing Parliament session.
Justice Vikas Mahajan said Rashid could attend the Parliament session on February 11 and 13.
Custody parole entails a prisoner being escorted by armed police personnel to the place of visit.
Rashid was saddled with certain riders as conditions for the reprieve, including not using a cellphone or addressing the media.
The court said Rashid would be ferried to Lok Sabha and back, and the security inside Parliament would be decided in consultation with the secretary general.
The Baramulla MP is facing trial in a terror funding case with the allegations that he funded separatists and terror groups in Jammu and Kashmir.
The court reserved its order on custody parole on February 7.
Rashid moved the high court alleging he was left without a remedy after the NIA court dealing with his bail application left him in a limbo post his election to the Lok Sabha last year on account of it not being a special MP/MLA court.
As an interim relief, he sought custody parole.
Senior advocate Sidharth Luthra and advocate Akshai Malik, representing the NIA, argued against the granting of custody parole, and said Rashid did not have a vested right to attend Parliament and hadn’t demonstrated a specific purpose for his request.
Luthra highlighted security concerns over Rashid being allowed to enter Parliament, saying custody parole required police escort, posing complications given the restrictions on armed personnel within the premises.
“Custody parole is not a vested right of a parliamentarian,” he noted, distinguishing this case from instances where custody parole was granted for personal reasons such as marriage or bereavement.
Luthra argued, “He has to be accompanied by armed personnel. How can you have armed personnel enter Parliament? Nobody with arms can enter. My objection has no meaning. He is subject to the norms of a different body.”
“There are security issues beyond the NIA’s domain. Custody parole is not a vested right of a parliamentarian,” he added.
On the contrary, senior advocate N Hariharan, along with advocate Vikhyat Oberoi, argued Rashid should be allowed to attend the session as his constituency was not being represented during the budget session when the funds allocated to his state had gone down by Rs 1,000 crore.
He referred to a previous case involving lawmaker Pappu Yadav who was allowed to participate in a Parliament session in 2009.
The counsel argued, “I represent the largest constituency of J&K. Don’t prevent representation when the process of inclusion has started… Don’t stifle the voice of the constituency.”
Rashid was arrested in 2019 following allegations of involvement in a money laundering case and for waging war against the country under the Unlawful Activities (Prevention) Act.
His case is linked to funding separatist activities in Jammu and Kashmir and connections to “designated terrorist” Hafiz Saeed.
Special NIA court can hear Engineer Rashid’s bail plea: SC
The Supreme Court on Monday said the special court constituted under the NIA Act could hear the bail plea of jailed J&K MP Engineer Rashid in a terror funding case.
A bench of Justices Dipankar Datta and Manmohan said the trial against Rashid commenced before his election as an MP and 21 prosecution witnesses had been examined by the special court.
A lawyer associated with the case told PTI that with the apex court order clarifying the position, the Delhi High Court could pass directions on the administrative side within two-three days.
The Delhi High Court registrar general moved the top court over the issue of jurisdiction of the court which should ideally hear jailed Rashid’s bail plea.
“Clarify that the high court may authorise the trial of MPs/MLAs (including Ex- MPs/MLAs) who are facing trial of the scheduled offences as prescribed in the Special Acts like NIA Act by the special court designated/constituted under Section 11 of the NIA Act instead of by the Special Courts created for the trial of MPs/MLAs and thereby enabling the High Court to issue necessary notification/office order in this regard,” the high court said in its plea.
The clarification from the Supreme Court was required as a 2016 judgment of the apex court designates MP/MLA court to solely try cases involving MP/MLAs.
Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections and has been lodged in Tihar Jail since 2019 after the NIA arrested him under the Unlawful Activities (Prevention) Act in the 2017 terror-funding case.
In a related development, the Delhi High Court today allowed two-day custody parole to Engineer to attend the ongoing Parliament session.
Justice Vikas Mahajan said Rashid could attend the Parliament session on February 11 and 13.
