The Delhi High Court on Friday reserved its decision on a plea by jailed Member of Parliament Abdul Rashid Sheikh, popularly known as Engineer Rashid, who sought custody parole to attend the ongoing session of Parliament. Rashid, representing Baramulla constituency in North Kashmir, is currently facing charges for allegedly funding separatist and terror activities in Jammu and Kashmir.
Justice Vikas Mahajan concluded the hearing with the statement, “Judgement reserved,” following arguments presented by both the National Investigation Agency (NIA) and Rashid’s legal representatives. Senior Advocate Sidharth Luthra, along with Advocate Akshai Malik for the NIA, contended that custody parole is not an inherent right of a parliamentarian, particularly highlighting the security risks involved in allowing Rashid, who would require a police escort, into Parliament.
Luthra emphasized the logistical issues of permitting armed personnel within the Parliament premises, a place where arms are strictly prohibited. He pointed out, “Custody parole is not a vested right of a parliamentarian,” suggesting that Rashid’s presence in Parliament could compromise security protocols.
On the other hand, Rashid’s counsel, led by Senior Advocate N Hariharan and Advocate Vikhyat Oberoi, argued for his right to represent his constituency during critical parliamentary debates, especially when discussions about budget allocations affecting his region were underway. They referenced a previous instance from 2009 when lawmaker Pappu Yadav was granted permission to attend a Parliament session, underscoring that Rashid’s constituency deserves representation.
The debate also touched upon Rashid’s health and conduct during incarceration. Luthra questioned the timing and necessity of Rashid’s plea, noting that his earlier requests for similar parole were denied. Meanwhile, the NIA raised concerns about Rashid’s potential to influence witnesses or tamper with evidence, citing his significant influence as a Member of Parliament.
Abdul Rashid Sheikh was arrested in 2019 under the Unlawful Activities (Prevention) Act for his alleged involvement in a money laundering case and other activities deemed as waging war against the country. The charges also include inciting violence and supporting terror groups, with the trial currently ongoing and several witnesses yet to testify.
The court is also deliberating on procedural matters regarding the special court designation for MPs and MLAs, with further discussions scheduled to be held in the Supreme Court.
