Delhi HC reserves order on 'custody parole' plea of Baramulla MP to attend Parliament

New Delhi, Feb 7 (PTI) The Delhi High Court on Friday reserved its order on a plea seeking custody parole to attend the ongoing Parliament session by jailed MP Abdul Rashid Sheikh alias Engineer Rashid, accused of funding separatists and terror groups in Jammu and Kashmir.

"Judgement reserved," said Justice Vikas Mahajan after hearing the counsel appearing for the Lok Sabha MP from Baramulla (North Kashmir) and the National Investigation Agency (NIA).

Senior advocate Sidharth Luthra and advocate Akshai Malik, representing the NIA, argued against the granting of custody parole, and said Rashid did not have a vested right to attend Parliament and hadn't demonstrated a specific purpose for his request.

He highlighted security concerns over Rashid being allowed to enter Parliament, saying custody parole required police escort, posing complications given the restrictions on armed personnel within the premises.

"Custody parole is not a vested right of a parliamentarian," Luthra noted, distinguishing this case from instances where custody parole was granted for personal reasons such as marriage or bereavement.

Luthra argued, "He has to be accompanied by armed personnel. How can you have armed personnel enter Parliament? Nobody with arms can enter. My objection has no meaning. He is subject to the norms of a different body." "There are security issues beyond the NIA's domain. Custody parole is not a vested right of a parliamentarian," he added.

Justice Mahajan said though there might not be a vested right to attend the session, the court could exercise its discretion.

Senior advocate N Hariharan, along with advocate Vikhyat Oberoi, representing Rashid, said he should be allowed to attend the session as his constituency was not being represented during the budget session when the funds allocated to his state had gone down by Rs 1,000 crore.

He referred to a previous case involving lawmaker Pappu Yadav who was allowed to participate in a Parliament session in 2009.

Rashid's counsel argued, "I represent the largest constituency of J&K. Don't prevent representation when the process of inclusion has started... Don't stifle the voice of the constituency." They questioned how Rashid could be considered a security threat now, given he had previously been allowed to campaign for the Lok Sabha elections and take oath of office.

Luthra countered saying there was no substantial purpose for allowing Rashid to attend the session at this time, recalling that his previous request to attend a previous Parliament session was denied.

"What is the purpose today? The budget was presented. Has he done anything except sit on a hunger strike and has been sent to RML (hospital)?" he asked.

The NIA has raised concerns about Rashid's past conduct, alleging he misused telephone privileges while incarcerated in Tihar Jail, prompting restrictions on his communication.

The NIA said Rashid was allowed only two calls in three weeks due to the misuse.

The high court is hearing Rashid's petition which claims he was left without recourse after the NIA court handling his bail application failed to decide his matter following his election to the Lok Sabha last year.

He requested the high court to expedite the processing of his bail plea in the trial court or grant him interim bail.

The high court also addressed concerns regarding the designation of a special MP/MLA court to hear Rashid's bail plea, with the court administration's counsel indicating the matter was set to be discussed in the Supreme Court on February 10.

In response to the main petition, the NIA said being an MP, Rashid was a "highly influential person" who could influence witnesses and hamper trial.

Rashid was arrested in 2019 following allegations of involvement in a money laundering case and for waging war against the country under the Unlawful Activities (Prevention) Act. His case is linked to funding separatist activities in Jammu and Kashmir and has connections to designated terrorist Hafeez Saeed.

The NIA alleged Rashid used public platforms to promote separatist ideology and played a role in inciting violence against security forces in the region. The trial is ongoing, with 21 prosecution witnesses examined out of a total of 248.

According to the FIR by NIA, Rashid's name cropped up during the interrogation of businessman and co-accused Zahoor Watali.

The NIA said Rashid sought to legitimise Pakistan-based United Jehad Coucil which functioned as a common platform for terror groups operating in Jammu and Kashmir.

The accused is a part of a "well-calibrated" strategy devised by Pakistan to instigate youths and create an environment of unrest, it added.

After being chargesheeted in October 2019, a special NIA court framed charges against him in March, 2022.

Charges were framed in the case against Rashid and others in 2022 under Sections 120B (criminal conspiracy), 121 (waging war against the government),124A (sedition) of IPC and for offences relating to terrorist acts and terror finding of UAPA.

Rashid's tenure as an MLA was mired in controversies and drama. In October 2015, he was assaulted by BJP MLAs inside the erstwhile Jammu and Kashmir legislative assembly for hosting a party where he allegedly served beef in the lawns of the MLA hostel.

The maverick politician was also attacked with black ink in Press Club New Delhi by BJP activists a day after his critical comments regarding the lynching of a Kashmiri truck driver in Udhampur. PTI ADS SKL AMK

Source: PTI