The Delhi High Court has granted permission for jailed Member of Parliament (MP) Engineer Rashid to attend the second part of the Parliamentary session from March 26 to April 4, 2025. However, the court has imposed strict conditions, ensuring that he remains "in-custody" while attending the session.
Court’s Ruling and Conditions Imposed
A division bench of Justice Chandra Dhari Singh and Justice Anup Jairam Bhambhani directed the Director General (Prisons) to facilitate Rashid’s transport under police escort from the prison to the Parliament. He will attend the session under strict supervision and must return to jail immediately after the proceedings each day.
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The court specified:
“At the Parliament House, the appellant shall be handed over to the custody of Parliament security/marshals, who shall allow him to attend the proceedings of the Lok Sabha and to avail other facilities and amenities within the Parliament House during the hours that the Lok Sabha is in session. Thereafter, custody of the appellant shall be handed back to the prison escort, who will bring him back to prison on the same day without any delay.”
Additionally, the court ruled that Rashid would not be allowed to use a phone, access the internet, or interact with the media while attending the session.
“The appellant shall not interact with any other person, at any time while he is outside the premises of jail, except within the premises of Lok Sabha House and in relation to the performance of his role as a Member of Parliament as per the requisite discipline permitted by the Lok Sabha Rules.”
Legal Arguments and Precedents
Rashid’s counsel, Senior Advocate N Hariharan, had requested permission for his client to attend Parliament without seeking interim bail or custody parole. The court acknowledged that undertrials are eligible to contest elections, and since Rashid was elected as an MP, he had the duty to represent his constituency.
“As a Member of Parliament, the appellant owes to the people of his constituency the duty and responsibility to represent them in Parliament.”
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The National Investigation Agency (NIA), opposing Rashid’s request, argued that allowing him to attend the session could pose a security risk and provide a platform for him to voice his opinions. However, the court noted that parliamentary proceedings are governed by the Speaker of the Lok Sabha and dismissed these concerns.
"The control of Parliamentary proceedings is within the remit of the Hon’ble Speaker of the Lok Sabha; and this court has no doubt that Parliamentary proceedings would be conducted with requisite discipline."
The court further clarified that Rashid's presence in Parliament would be strictly monitored and that its order does not set a precedent for similar future cases. It also stated that any violation of the set conditions could lead to the revocation of the permission.
“It is clarified that this order is not intended to constitute a precedent; and any subsequent prayer seeking similar relief on similar grounds would be considered on its own merits, in accordance with law.”
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Background of the Case
Rashid, who was elected as an MP from the Baramulla constituency in the 2024 Lok Sabha elections, has been in Tihar Jail since 2019. He was arrested by the NIA under the Unlawful Activities (Prevention) Act (UAPA) in connection with an alleged terror-funding case. Despite facing serious charges, he was granted interim bail in 2024 to contest elections.
His earlier attempts to secure custody parole for parliamentary attendance were denied by the special NIA court, leading to his appeal in the Delhi High Court. The trial court is expected to decide on his regular bail plea on March 19, 2025.
The Secretary General of the Lok Sabha has been directed to ensure compliance with the court’s conditions and take necessary steps as per parliamentary rules. Rashid is required to bear the expenses for his travel and security arrangements.
“The expense for the travel and other arrangements shall be borne by the appellant.”
The court emphasized that Rashid’s attendance in Parliament does not affect his judicial custody and that he remains available for trial. It reaffirmed that the decision was made considering his parliamentary obligations while ensuring the integrity of his detention.
Counsel for Appeallant: Mr. N. Hariharan, Sr. Advocate with Mr. Vikhyat Oberoi, Ms. Nishita Gupta, Mr. Shivam Prakash, Mr. Ravi Sharma, Ms. Jagriti Pandey, Ms.Punya Rekha Angara, Ms. Vasundhara, Ms. Sana Singh, Mr. Aman Akhtar, Mr. Vinayak Gautam and Mr. Hosnaih Khwaja, Advocates
Counsel for Respondent: Mr. Rajkumar Bhaskar Thakare, ASG with Mr. Akshai Malik, SPP and Mr. Khawar Saleem & Mr Akash Kavade, Advocates for NIA
Title: Abdul Rashid Sheikh v. NIA
