The Delhi High Court on Tuesday hinted at allowing jailed Jammu and Kashmir MP Engineer Rashid to attend the second part of the ongoing parliamentary session while remaining in custody. The session is set to conclude on April 4.
A division bench comprising Justice Chandra Dhari Singh and Justice Anup Jairam Bhambhani reserved its verdict on Rashid's plea. His counsel, Senior Advocate N Hariharan, clarified that Rashid was not seeking interim bail or full custody parole but only permission to attend Parliament under custody.
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When the NIA opposed Rashid's attendance, citing national security concerns, Justice Bhambhani questioned the agency’s fear, stating:
"The NIA should not operate from a point of fear that Rashid will do anything inside Parliament. Do not underestimate the power of the court or the Speaker."
The judge further elaborated that granting Rashid custody attendance does not equate to bail.
"There is a concept of sending someone outside prison while still in custody. We are not granting bail. He remains in custody, escorted by officers at all times, even within Parliament, which is the highest temple of democracy. Do not undermine the Speaker’s authority in maintaining discipline."
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Justice Bhambhani referenced a previous single-judge order that had granted Rashid custody parole for attending Parliament. He assured the NIA that if there were additional apprehensions, the court would impose necessary conditions.
"Be confident in the powers of the court and the Speaker. Do not come from a place of fear. Nothing will happen. He is an elected representative, and his parliamentary responsibilities must be considered."
When Justice Singh pointed out the severity of allegations against Rashid, his counsel Hariharan responded that these charges existed when Rashid was allowed to contest elections and campaign.
"I took an oath in Parliament. My allegiance to this country is beyond doubt. There have been no new allegations post-election. If I violate the law, I forfeit my right to custody parole."
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The court also noted that Rashid had complied with all conditions imposed during his interim bail for election campaigns and previous custody paroles.
The NIA contended that Rashid should not be treated like other parliamentarians and that his attendance could create a perception of bail, despite his bail being denied twice on merits. Justice Bhambhani countered:
"If Rashid remains in custody for the next 10 years but continues as a Parliamentarian, what happens to his responsibilities? If undertrials are to be barred from contesting elections, then that must be made a law. But as of now, that is not the case."
He further questioned the security concerns raised by NIA:
"If he attends Parliament under custody and is returned to jail each day, how does that challenge national security? Let’s not see ghosts where there are none. The law is clear, and the Speaker maintains control."
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The court emphasized that it does not disregard the seriousness of the allegations but insisted on following due process. The judge remarked:
"National security is paramount, but rejecting a lawful request without reasoning is not the solution. If a person can be escorted to other courts under custody, why not Parliament?"
Addressing concerns about Rashid’s custody status inside Parliament, Hariharan suggested that his detention could be extended under the Speaker and the Secretary General’s authority. The court then asked the NIA if a special arrangement could be made for a plain-clothed prison officer or policeman to accompany Rashid inside Parliament.
The NIA responded that such an arrangement would require formal approval from the Lok Sabha Secretariat. The court noted that it would issue an order accordingly.
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As the bench leaned towards allowing Rashid's attendance, Justice Bhambhani cautioned Hariharan:
"Ensure that there is no cause of concern for the State. Any conditions imposed must be strictly followed. There will be more parliamentary sessions in the future."
Justice Singh added:
"Make certain that he does not violate any terms of the permission granted."
Legal Background Of The Case
Rashid had earlier challenged a special NIA court order from March 10 that denied him custody parole to attend Parliament. He argued that as an elected MP, he has a duty to fulfill his parliamentary responsibilities.
In February, a single-judge bench of the Delhi High Court granted Rashid custody parole for two days to attend Parliament. However, his subsequent custody parole request was denied by the trial court.
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Rashid, who won from the Baramulla constituency in the 2024 Lok Sabha elections, has been lodged in Tihar Jail since 2019. He was arrested by the NIA under the Unlawful Activities (Prevention) Act (UAPA) in a 2017 terror-funding case.
The court is now expected to pass a final order regarding his custody parole for attending Parliament while ensuring compliance with security measures and judicial oversight.
Title: Abdul Rashid Sheikh v. NIA
