The Delhi High Court on Monday granted two days of custody parole to Jammu and Kashmir MP Engineer Rashid, who is detained in connection with a terror funding case under the Unlawful Activities (Prevention) Act (UAPA). Rashid had sought custody parole to attend the Parliamentary budget session.
“Custody parole is being granted for two days in the peculiar facts of this case… Conditions are imposed,” stated Justice Vikas Mahajan while delivering the order. The Court allowed custody parole for February 11 and 13.
As per the conditions, Rashid is barred from using a mobile phone or accessing the internet. “The petitioner shall not interact with anyone except for his limited responsibility of attending Parliament. He will not address the media in any manner,” the Court ruled.
The verdict had been reserved last week after the Court heard arguments from Senior Advocate N Hariharan representing Rashid and Senior Advocate Siddharth Luthra appearing for the National Investigation Agency (NIA).
Hariharan cited the Pappu Yadav case, arguing that Rashid could be granted custody parole in a similar manner. He further contended that there have been no allegations against Rashid regarding the influence of witnesses.
However, opposing the request, Luthra referred to the Supreme Court’s ruling in the Suresh Kalmadi case, which stated that there is no vested right to attend Parliament. He argued that, based on this precedent, custody parole should not be granted. In response, Hariharan acknowledged that the law does not provide an absolute right but asserted that the Kalmadi judgment also states that granting such relief is at the Court’s discretion, based on the facts and circumstances of each case.
Luthra also questioned the necessity of Rashid’s presence in Parliament, given that the budget had already been presented. He raised security concerns, stating that Rashid would require armed personnel escorting him at all times, which is not permitted under Parliament’s rules and regulations.
Also Read: Delhi HC reserves order on Engineer Rashid’s plea for custody parole to attend Parliament
Meanwhile, Rashid’s main petition regarding his regular bail plea is scheduled for a hearing tomorrow. His petition seeks a directive for the trial court to expedite its decision on his second regular bail plea. Alternatively, he has requested that the High Court treat his writ petition as a second bail application and decide on it directly.
The development follows a decision in December last year by the Additional Sessions Judge (ASJ) handling the UAPA case, who stated that he could rule only on Rashid’s miscellaneous applications but not on his regular bail plea. Consequently, the ASJ requested the District Judge to transfer the case to a designated MP/MLA court after Rashid’s election as an MP.
Engineer Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections. He has been in Tihar Jail since 2019 after being arrested by the NIA under UAPA in connection with the 2017 terror funding case.
