NEW DELHI: The Delhi High Court on Monday granted two-day custody parole to Jammu and Kashmir MP Engineer Rashid, currently under arrest in connection with a terror funding case under the Unlawful Activities (Prevention) Act (UAPA). He had moved the court seeking parole to attend the ongoing Budget session of Parliament.
Justice Vikas Mahajan, while pronouncing the order, stated, “Custody parole is being granted for two days. Conditions are imposed.” The court has allowed Rashid to attend Parliament on February 11 and 13 but has placed stringent restrictions on his parole.
“The director general (prisons) Delhi, in consultation with the secretary general, Lok Sabha, shall make the requisite arrangements for the applicant to attend the parliamentary sessions,” ordered the court.
The high court, however, barred Rashid from using mobile phones or accessing the internet during his parole. He has also been directed not to interact with anyone outside his parliamentary responsibilities and is prohibited from addressing the media.
The court had reserved its verdict last week after hearing arguments from Senior Advocate N Hariharan, who appeared for Rashid, and Senior Advocate Sidharth Luthra, representing the National Investigation Agency (NIA).
Rashid’s counsel cited the Pappu Yadav case, arguing that Rashid should be granted custody parole under similar grounds. He emphasised that there have been no allegations against the Baramulla MP of influencing witnesses.
Opposing the plea, Luthra referred to the Supreme Court judgment in the Suresh Kalmadi case, which held that a Member of Parliament does not have a vested right to attend the proceedings of the House while in custody. He contended that Rashid’s request for custody parole should be dismissed.
Hariharan countered by stating that while there is no absolute right to attend Parliament, courts have discretionary powers to grant such relief based on case-specific facts.
Luthra argued that Rashid’s presence in Parliament was unnecessary, as the Budget had already been presented. He cited security concerns, noting that Rashid’s movement would require constant armed personnel, which is not permitted under Parliament regulations.
Rashid’s regular bail plea is scheduled for hearing on Tuesday. He has sought an expedited decision, arguing that the delay has left him without a legal recourse.
The legal proceedings became complicated after the Additional Sessions Judge hearing the UAPA case in December 2023 ruled that only an MP/MLA-designated court could hear Rashid’s regular bail application, following his election as Baramulla MP in 2024. The case was subsequently referred to the District Judge for further proceedings.
Rashid has been lodged in Tihar Jail since 2019 after being arrested by the NIA in a 2017 terror-funding case.
Riders on Rashid
Rashid was saddled with certain riders for his parole. The high court barred Rashid from using mobile phones or accessing the internet while on parole. He was also directed not to interact with anyone outside his parliamentary duties and is prohibited from addressing media, The court also noted that deprivation of personal liberty without ensuring speedy trial was not consistent with Article 21 and timely justice was part of human rights.