The Delhi High Court on Thursday sought a response from the National Investigation Agency (NIA) regarding the possibility of allowing jailed Member of Parliament Engineer Rashid to attend the ongoing Parliament’s Budget session under custody parole. Facing trial in a high-profile terror funding case, Rashid’s participation in the session hinges on the court’s decision amidst security concerns raised by the NIA.
Justice Vikas Mahajan, presiding over the case, challenged the NIA’s opposition by questioning the feasibility of allowing Rashid to attend Parliament while under custody. “What is the difficulty in sending him (Rashid) to the Parliament in custody? He (Rashid) is an elected Member of Parliament. Come back with instructions tomorrow,” Justice Mahajan directed special public prosecutor Akshai Malik.
Rashid, through his lawyers Senior Advocate N Hariharan and Advocate Vikhyat Oberoi, has filed a plea for interim bail from January 30 to April 5, and alternatively, for custody parole from January 30 to April 4. He argues that his presence in Parliament would ensure representation for his constituents. The plea also states that the President had specifically summoned him to attend the session.
This legal move follows a December 23 city court decision that declined to rule on Rashid’s bail application due to jurisdictional issues, prompting further legal action from the MP. Rashid contends that this inaction violates his fundamental rights under Article 21 of the Constitution, as it prolongs his incarceration without trial.
The NIA, in its affidavit dated February 2, opposed the bail by citing risks of Rashid potentially influencing witnesses in his home constituency of Baramulla. Additionally, the agency asserted that Rashid’s parliamentary role does not confer an automatic right to attend the session.
Amid these proceedings, the court also addressed administrative matters, issuing a notice to its registrar general about designating a specific court to handle Rashid’s bail petition. This step was taken after the NIA requested that the NIA court be designated as the court for MPs/MLAs, leading to a request for clarification from the Supreme Court.
Engineer Rashid was arrested in 2019 under the Unlawful Activities (Prevention) Act (UAPA) in a case that alleges the funneling of illicit funds to fuel unrest and separatism in Jammu and Kashmir. The NIA’s charge sheet includes accusations against various high-profile figures and claims coordination between terror organizations and Pakistan’s ISI to target civilians and security forces in the region.
