The Delhi High Court on Tuesday reserved its order on a bail plea filed by Jammu and Kashmir Member of Parliament (MP) Engineer Rashid, who remains incarcerated in connection with a terror-funding case. Rashid sought permission to attend the ongoing parliamentary session of the Lok Sabha.
A division bench comprising Justices Chandra Dhari Singh and Anup Jairam Bhambhani initially appeared inclined to allow Rashid’s request but later decided to pass a detailed order after further deliberation. The court considered various conditions that could be imposed should his plea be accepted.
One of the key aspects under discussion was whether the Lok Sabha Speaker could be requested to grant special permission for a police official to accompany the independent MP from Baramulla within the Parliament premises.
However, Rashid’s request was strongly opposed by the National Investigation Agency (NIA), which argued that the court had no jurisdiction within the confines of Parliament. The NIA contended that Rashid should not be allowed to leverage his parliamentary status to evade the consequences of imprisonment.
Previously, on March 19, a trial court had dismissed Rashid’s regular bail petition in the case. Rashid, who is facing trial under the stringent Unlawful Activities (Prevention) Act (UAPA) concerning a 2017 terror-funding case, had also challenged an earlier March 10 trial court order that denied him custody parole or interim bail to participate in the ongoing Lok Sabha proceedings, which continue until April 4.
Also Read: Delhi court denies bail to Engineer Rashid
In its response filed on March 17, the NIA argued that Rashid could not be permitted to use his position as an elected representative to circumvent legal proceedings.
The agency further asserted that, despite being an MP, he does not retain certain rights due to the serious nature of the charges against him.
The NIA described Rashid as a “highly influential” individual who could potentially intimidate or influence witnesses in Jammu and Kashmir. Citing Section 43D(5) of the UAPA, the agency emphasised that bail cannot be granted if there are reasonable grounds to believe that the allegations against the accused are prima facie true.
On March 12, the Delhi High Court had sought the NIA’s stance on Rashid’s appeal. Meanwhile, Rashid’s legal counsel urged the court to allow him to attend the ongoing parliamentary session under custody parole, similar to a previous two-day parole granted to him.
Engineer Rashid is currently detained in Delhi’s Tihar Jail following his arrest by the NIA in connection with the 2017 terror-funding case. The High Court is expected to deliver its order on his bail plea soon, determining whether he will be granted temporary relief to attend parliamentary proceedings or remain in custody.
Also Read: HC seeks NIA's reply on J-K MP Engineer Rashid's plea
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