The Delhi High Court has requested the National Investigation Agency (NIA) to provide its stance on a petition filed by incarcerated Member of Parliament (MP) Sheikh Abdul Rashid, commonly known as Engineer Rashid. Rashid, currently facing trial in a terror funding case, seeks interim bail to participate in the ongoing Budget session of Parliament.
Justice Vikas Mahajan presided over the hearing, during which the NIA expressed concerns about potential security risks associated with Rashid’s release, even under custody parole. Despite these reservations, the court instructed the NIA’s counsel to obtain specific instructions on the matter and scheduled the next hearing for the following day.
Rashid’s legal representatives, senior advocate N Hariharan and advocate Vikhyat Oberoi, argued that granting him interim bail or custody parole would ensure that his constituents receive representation during the Parliamentary session. They emphasized that the President had summoned Rashid to attend the session, underscoring the importance of his participation.
The application highlights that the Budget session commenced on January 31 and is set to conclude on April 4. Rashid’s counsel contended that his absence would deprive his constituency of representation in crucial legislative discussions.
In a previous development, the NIA opposed Rashid’s interim bail, citing concerns that his influential position could enable him to sway witnesses residing in his Baramulla constituency. The agency further asserted that, despite being a parliamentarian, Rashid does not possess an inherent right to attend the session while under trial.
Rashid’s petition also challenges a December 23 order by a city court, which declined to rule on his bail application due to jurisdictional issues. He argues that this inaction violates his fundamental right to life and personal liberty, as protected under Article 21 of the Constitution, especially given his prolonged incarceration as an undertrial prisoner.
The Delhi High Court has also issued a notice to its Registrar General concerning the designation of a court to hear Rashid’s bail petition, noting that the MP has been left without a legal remedy due to jurisdictional ambiguities.
Engineer Rashid was arrested in 2019 under the Unlawful Activities (Prevention) Act (UAPA) in connection with a terror funding case. The NIA’s charge sheet alleges that various terror organizations, including Lashkar-e-Taiba, in collaboration with Pakistan’s Inter-Services Intelligence (ISI), orchestrated attacks on civilians and security forces in Jammu and Kashmir.
In 2022, the NIA court framed charges against Rashid and other accused individuals, such as Hafiz Saeed, Yasin Malik, Syed Salahuddin, Shabbir Shah, and Zahoor Ahmed Watali, all of whom remain in judicial custody. Additionally, the Enforcement Directorate (ED) has filed a money laundering case against the accused, stemming from the NIA’s initial investigation.
The court’s forthcoming decision on Rashid’s plea will have significant implications for the balance between an individual’s rights and national security considerations. The case underscores the judiciary’s role in navigating complex legal and constitutional issues, especially when they intersect with matters of national importance.
