Delhi HC reserves order on MP Rashid’s plea to attend Parliament in custody

The Delhi High Court on Tuesday reserved its decision on a plea by Jammu and Kashmir MP Abdul Rashid Sheikh, who is currently in jail in a terror funding case, seeking permission to attend the ongoing Parliament session.

A bench comprising Justices Chandra Dhari Singh and Anup Jairam Bhambhani initially appeared inclined to grant permission but later stated that a detailed order would be issued.

The court discussed potential conditions that could be imposed if Rashid’s plea were allowed, including a provision where the Lok Sabha Speaker could be requested to grant special permission for a police officer to escort the independent Baramulla MP within Parliament premises.

The National Investigation Agency (NIA) strongly opposed Rashid’s plea, arguing that the court had no jurisdiction within Parliament. A trial court had earlier rejected his regular bail on March 19.

Facing trial under the Unlawful Activities (Prevention) Act (UAPA) in a 2017 terror funding case, Rashid had challenged a trial court’s March 10 order denying him custody parole or interim bail to attend Lok Sabha proceedings until April 4.

In its response filed on March 17, the NIA asserted that Rashid should not be allowed to exploit his status as an MP to evade imprisonment. The agency argued that he had no enforceable right to attend Parliament while in judicial custody and that granting him interim bail or custody parole was unwarranted.

Labelling Rashid a “highly influential” figure capable of influencing witnesses in Jammu and Kashmir, the NIA cited Section 43D(5) of the UAPA, which prohibits bail if there are reasonable grounds to believe the allegations against the accused are prima facie true.

The High Court had sought the NIA’s stance on Rashid’s appeal on March 12. His legal counsel urged the court to allow him to attend the session on custody parole, similar to a previous two-day reprieve granted to him. Custody parole would involve Rashid being escorted to Parliament under armed police supervision.

Rashid, who defeated Omar Abdullah in the 2024 Lok Sabha elections, is accused of financing separatist and terror groups in Jammu and Kashmir. He has been lodged in Delhi’s Tihar Jail since his arrest by the NIA in 2019.

Also Read: Delhi court rejects custody parole plea of J&K MP Engineer Rashid

The NIA’s FIR states that Rashid’s name surfaced during the interrogation of businessman and co-accused Zahoor Watali. Following his chargesheeting in October 2019, a special NIA court framed charges against him and others in March 2022 under sections of the Indian Penal Code, including criminal conspiracy (120B), waging war against the government (121), sedition (124A), as well as provisions related to terrorist activities and funding under the UAPA.

(With inputs from PTI)