The Delhi High Court has recently approved a two-day custody parole for Jammu and Kashmir MP Engineer Rashid, who is currently detained in connection with a terror funding case under the Unlawful Activities (Prevention) Act (UAPA). The parole has been specifically granted so that the MP may attend the ongoing Parliamentary budget session, though it comes with several strict conditions.
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During the court proceedings, Justice Vikas Mahajan emphasized that the relief is being provided only for the limited purpose of attending the Parliament and under tightly controlled conditions. In his own words:
"Custody parole is being granted for 2 days in the peculiar facts of this case… Conditions are imposed."
The custody parole is valid for February 11 and 13. However, the court has imposed a number of restrictions on MP Engineer Rashid to ensure security and prevent any potential misuse of the privilege. The key conditions include:
No access to communication devices: Rashid is not allowed to use his mobile phone or access the internet during the parole period.
Limited interactions: He is permitted to interact only with those necessary for his responsibilities in the Parliament.
Media silence: The MP is strictly forbidden from addressing the media or making public statements during this time.
Senior Advocate N Hariharan, representing Rashid, drew comparisons to previous cases such as that of Pappu Yadav. He argued that there were no allegations of witness tampering against his client, thus warranting a similar relief. On the other side, Senior Advocate Siddharth Luthra for the National Investigation Agency (NIA) raised concerns by citing a Supreme Court judgment from the Suresh Kalmadi case. Luthra contended that there is no inherent right for a detainee to attend Parliament and that allowing such a privilege could pose serious security challenges, as it would require constant escort by armed personnel—an arrangement that the parliamentary rules do not favor.
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Further complicating the situation, the MP’s main petition regarding his regular bail plea is scheduled for hearing soon. In his petition, Rashid has requested the trial court to expedite a decision on his second bail application. Alternatively, he has asked the High Court to treat his writ petition as a second bail plea and deliver a prompt ruling. This plea comes on the heels of the Additional Sessions Judge's remarks last December, where it was clarified that while a miscellaneous application could be decided, the regular bail plea required a transfer to a designated MP/MLA court for further proceedings.
