The National Investigation Agency (NIA) on Monday argued in the Delhi High Court that Sheikh Abdul Rashid, also known as Engineer Rashid, a Member of Parliament (MP) from Jammu and Kashmir, should not be allowed special privileges based on his legislative status to circumvent the “rigours of imprisonment”. The jailed MP has been fighting for custody parole or interim bail to attend the ongoing Lok Sabha proceedings.
The agency’s response came against Rashid’s appeal to overturn a March 10 trial court decision that denied him the requested reliefs to participate in Parliament till April 4. Rashid, representing Baramulla, faces grave allegations under the Unlawful Activities (Prevention) Act (UAPA), a stringent anti-terror law.
In its statement, the NIA emphasized that Rashid has no statutory right to participate in Lok Sabha sessions while under lawful detention, dismissing his requests as a form of “forum shopping” and an abuse of legal processes. The agency highlighted that being a parliamentarian does not exempt him from judicial custody.
The NIA also pointed out that Rashid was aware of the charges against him, which include serious offenses under the UAPA, when he filed his nomination for the Lok Sabha elections. It argued that his status as an MP does not provide a basis for seeking interim bail, especially under the guise of serving his constituency.
Labeling Rashid as a “highly influential person”, the NIA expressed concerns about the potential influence he could exert over witnesses in Jammu and Kashmir. The agency referred to Section 43D(5) of the UAPA, which restricts bail for accused individuals if the charges appear prima facie credible.
The court was reminded that the summons to attend Parliament are routine communications sent to all MPs and should not be construed as a special concession to Rashid. The NIA also noted that Rashid’s previous applications for interim bail for parliamentary participation had been denied, underscoring a pattern of such requests being rejected.
Engineer Rashid, who notably defeated former Chief Minister Omar Abdullah in the 2024 Lok Sabha elections, is currently undergoing trial in a high-profile terror funding case. Accusations against him include financially supporting separatist movements and terror activities in Jammu and Kashmir. He has been held at Tihar Jail since 2019 following his arrest under the UAPA in connection with a 2017 terror-funding investigation.
Rashid’s legal team has urged the high court to allow him custody parole to attend Parliament, akin to a previous short-term permission granted for two days. Custody parole would involve Rashid being escorted by armed police to the Parliament.
