The Delhi High Court has reserved its verdict on the plea of Rashid Engineer, a Member of Parliament (MP) from Baramulla, who is currently imprisoned and facing trial in a terror funding case. Engineer seeks custody parole to attend the ongoing session of Parliament.
Justice Vikas Mahajan presided over the hearing, which saw arguments from both Engineer’s legal representation and the National Investigation Agency (NIA), the latter of which is handling the prosecution. The NIA counsel strongly opposed the request for custody parole, citing a lack of vested rights for the MP to attend Parliament and unspecified security concerns.
During the proceedings, Rashid’s legal counsel argued that his absence in Parliament leads to a lack of representation for his constituents. “I represent the largest constituency of J&K. Don’t prevent the representation when the process of inclusion has started… Don’t stifle the voice of the constituency,” stated Engineer’s lawyer, emphasizing the significance of his participation in the legislative process.
The issue at the heart of the plea is a legal gap left by the NIA court, which is not designated to handle matters involving MPs or MLAs. This situation has led to delays and complications in addressing Rashid’s bail applications, according to his petition. As a temporary measure, Rashid has sought the court’s permission for custody parole to fulfill his parliamentary duties.
Previously, the NIA had also opposed Engineer’s request for interim bail intended for attending the Parliament session, maintaining that being an MP does not inherently grant him the right to be released from custody.
Engineer, who has been detained in Tihar Jail since 2019, was arrested under the Unlawful Activities (Prevention) Act as part of a 2017 case involving alleged terror funding. In his petition, he has urged the Delhi High Court to either ensure a speedy trial of his pending bail plea by the NIA court or to take up the matter directly.
