NEW DELHI: The Delhi High Court has reserved its order on a plea by Baramulla MP Engineer Rashid seeking custody parole to attend the ongoing Parliament session, as a jurisdictional dispute complicates the case.
The National Investigation Agency (NIA) opposed the plea, asserting that Rashid Engineer has no specific speech to deliver and does not need to respond to any questions in Parliament.
Senior Advocate Sidharth Luthra, representing the NIA, argued that taking an oath and legislative participation are separate matters and that granting parole is beyond their purview. He also pointed out that security norms prohibit armed escorts inside Parliament, making the request unfeasible.
On the other hand, Senior Advocate N Hariharan, appearing for Rashid, emphasised that Jammu and Kashmir’s budget allocation had been reduced by Rs 1,000 crore and that Rashid needed to present the issue in Parliament.
With only two days left in the first half of the session, he stressed the urgency of raising constituency-related concerns with the ministries. After hearing both sides, Justice Vikas Mahajan’s bench reserved its decision, while Rashid’s main bail petition is set for a hearing on February 11.
Rashid, currently lodged in Tihar Jail under terror charges linked to the Unlawful Activities (Prevention) Act (UAPA), has been seeking regular bail. However, his case has been entangled in a legal impasse over jurisdiction.
The High Court noted that its Registrar General has filed an application with the Supreme Court to clarify which court has the authority to hear Rashid’s bail plea in an NIA case.
This uncertainty arose after the Special NIA Court recently declined jurisdiction, stating that the matter falls under the MP/MLA court since Rashid is now a Member of Parliament. The Supreme Court is expected to address the matter next week.
The NIA has strongly opposed Rashid’s interim bail, arguing that his request lacks merit and constitutes a misuse of the interim bail provision, which should be granted only in cases of extreme hardship. It contended that Rashid’s claim of needing to “serve his constituency” was vague and insufficient grounds for release.
Rashid’s legal troubles date back to 2022
Arrested in August 2019 under UAPA, Engineer Rashid contested the 2024 parliamentary elections from jail and won with a significant margin, defeating former Jammu and Kashmir Chief Minister Omar Abdullah. His legal troubles date back to 2022, when a Patiala House Court ordered the framing of charges against him and other key figures in an alleged terror funding case.