A Delhi court on Tuesday granted custody parole to jailed Baramulla MP Engineer Rashid, allowing him to attend the monsoon session of Parliament from July 24 to August 4. Rashid has been incarcerated in Tihar Jail since 2019 following his arrest by the National Investigation Agency (NIA) in connection with a 2017 terror funding case.
The order was passed by Additional Sessions Judge Chander Jit Singh, with a detailed ruling expected soon.
Engineer Rashid, who was recently elected to the Lok Sabha after defeating National Conference leader Omar Abdullah in the 2024 general elections, had moved the court seeking either interim bail or custody parole to fulfil his duties as a Member of Parliament. His counsel submitted that he should be allowed to participate in parliamentary proceedings either on bail or under escort, without being burdened with the costs of travel.
The NIA opposed the grant of interim bail, arguing that custody parole should only be considered if the cost of travel and security arrangements was borne by the accused.
Custody parole implies that the prisoner remains in the custody of armed police throughout the permitted period. The decision to allow such parole instead of interim bail reflects a compromise between the state’s security concerns and the elected representative’s parliamentary obligations.
Rashid is facing serious charges under the Unlawful Activities (Prevention) Act (UAPA) and sections 120B (criminal conspiracy), 121 (waging war against the Government of India), and 124A (sedition) of the Indian Penal Code. According to the NIA’s FIR, his name emerged during the interrogation of businessman Zahoor Watali, a co-accused in the same case. The agency alleges that Rashid funded separatist and terror groups in Jammu and Kashmir.
He was chargesheeted in October 2019, and a special NIA court framed charges against him and others in March 2022. The case continues to be under trial.
