The National Investigation Agency (NIA) on Monday opposed the plea of Engineer Rashid, stating that he could not be allowed to leverage his parliamentary status to evade imprisonment.
The response came after the jailed Member of Parliament from Jammu and Kashmir sought interim custody parole to attend parliamentary proceedings.
The NIA argued before the Delhi court that Rashid, the elected representative from Baramulla, was facing serious charges under the Unlawful Activities (Prevention) Act (UAPA), an anti-terror law, and that his continued detention was justified.
The agency asserted that he had no enforceable right to participate in Parliament sessions while in lawful custody and that granting him either interim bail or custody parole would not be legally tenable.
The agency accused Rashid of “forum shopping” and attempting to misuse the legal process, emphasizing that his claim of wanting to "serve the constituency" was based on vague assertions that did not warrant relief.
The NIA stated that being a parliamentarian did not exempt him from judicial custody and reiterated that legislators had no statutory right to attend parliamentary sessions while detained. The agency contended that legal precedents were clear on this matter and that Rashid's status as an elected representative could not be used as a pretext for securing temporary release.
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Furthermore, the NIA described Rashid as a “highly influential” individual with the potential to influence witnesses in Jammu and Kashmir. It cited Section 43D(5) of the UAPA, which bars bail if there are reasonable grounds to believe the accusations against the accused are prima facie true.
The agency maintained that Rashid’s appeal did not meet the twin conditions required under this section, thereby warranting its dismissal.
Custody parole, the NIA explained, involves an accused being escorted by armed police personnel to a designated location and does not grant them unrestricted movement. Rashid, who secured a surprise victory over former Chief Minister Omar Abdullah in the 2024 Lok Sabha elections, is currently on trial in a terror-funding case.
He stands accused of financing separatist groups and terrorist organisations in Jammu and Kashmir. He has been lodged in Tihar Jail since 2019 following his arrest by the NIA in connection with a 2017 terror-funding case.
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