NEW DELHI: The National Investigation Agency (NIA) has strongly opposed the bail plea of jailed Jammu and Kashmir MP Sheikh Abdul Rashid, also known as Engineer Rashid, asserting that his parliamentary position does not grant him immunity from the legal consequences of his incarceration.
In its submission before the Delhi High Court, the NIA argued that Rashid could not exploit his status as an elected representative to circumvent the stringent conditions of judicial custody.
The agency was responding to Rashid’s appeal against a March 10 trial court ruling that denied him interim bail or custody parole to attend Lok Sabha proceedings until April 4. The Baramulla MP is currently facing grave charges under the Unlawful Activities (Prevention) Act (UAPA) for his alleged involvement in terror funding. The NIA contended that he neither had a fundamental right nor a legally enforceable privilege to attend parliamentary sessions while in custody.
Labeling Rashid’s plea as an instance of “forum shopping” and a misuse of legal procedures, the agency maintained that his claims of serving his constituency were “vague and unsustainable.” The submission reiterated that the law is clear-- lawmakers have no statutory right to legislative participation while under lawful detention.
The NIA pointed out that Rashid was already facing trial when he filed his nomination for the 2024 Lok Sabha elections. The framing of charges by a special court was a clear indication of the seriousness of the allegations. His electoral victory, the agency asserted, did not override his judicial custody nor justify special concessions.
‘Evidence may be tampered’
The agency cautioned that Rashid, being an “influential figure,” could potentially tamper with evidence or influence witnesses in Jammu and Kashmir if granted relief.