New Delhi – The Delhi High Court on Friday reserved its order on a plea filed by jailed Member of Parliament Engineer Rashid, who sought custody parole to attend the ongoing Parliament session. Rashid, currently facing trial in a terror funding case, had approached the court for interim relief, arguing that his absence left his constituency unrepresented, reported the Times of India.
Justice Vikas Mahajan heard arguments from Rashid’s legal counsel and the National Investigation Agency (NIA) before reserving judgment. The NIA strongly opposed the plea, contending that Rashid had no legal right to attend Parliament while under judicial custody. The agency further cited security concerns as a reason to deny his request.
Rashid’s counsel, however, argued that his participation in legislative proceedings was crucial for the representation of his constituency in Jammu and Kashmir. “I represent the largest constituency in J&K. Don’t stifle its voice when the process of inclusion has begun,” his lawyer asserted.
The petition claimed that Rashid had been left without legal recourse since the NIA court handling his bail application had not reached a decision. The delay, the plea stated, was due to the fact that the NIA court was not a designated special MP/MLA court. In the interim, Rashid requested custody parole to fulfill his parliamentary duties.
The NIA reiterated its stance, maintaining that an imprisoned parliamentarian does not automatically have the right to attend sessions. Rashid, who has been lodged in Delhi’s Tihar Jail since 2019, was arrested under the Unlawful Activities (Prevention) Act (UAPA) in connection with a 2017 terror funding case.
The case has sparked a larger debate on the rights of elected lawmakers in judicial custody and their ability to participate in parliamentary proceedings. The High Court’s impending decision is expected to set a precedent regarding the involvement of incarcerated legislators in legislative affairs while facing trial under stringent anti-terror laws.
