New Delhi [India], February 7: The Delhi High Court reserved its order on Friday regarding an application filed by Baramulla MP Engineer Rashid, who is seeking custody parole to attend the ongoing Parliament session amidst a jurisdictional dispute.
The National Investigation Agency (NIA) opposed the request, arguing that Rashid Engineer does not need to respond to any questions in Parliament and emphasized that his request was too generic. They further contended that Engineer has no speech to deliver, making his parole request unnecessary.
Senior Advocate Sidharth Luthra, representing the NIA, argued that while taking an oath and campaigning are separate, the NIA’s authority to grant parole is limited. He pointed out that such decisions involve third-party norms outside the NIA’s jurisdiction. Additionally, the NIA raised security concerns, noting that Rashid would need to be escorted by armed personnel, but armed security is not allowed in Parliament due to strict regulations.
Rashid Engineer’s counsel, Senior Advocate N Hariharan, countered by stressing that Rashid needs to raise critical issues in Parliament, including a decrease in Jammu & Kashmir’s allocation by 1,000 crores. He emphasized the urgency of presenting these issues before the ministries, especially with only two days remaining in the first half of the session.
After considering all submissions, Justice Vikas Mahajan’s bench reserved its order on the request for custody parole. The main petition is set for a hearing on February 11.
Rashid, currently in Tihar Jail facing terror charges under the Unlawful Activities (Prevention) Act (UAPA), had previously filed for regular bail. The jurisdictional issue arose after the Special NIA Court refused to hear his bail petition, citing that it should be handled by the MP/MLA court since Rashid is now an MP.
The Delhi High Court was also informed that the Registrar General had approached the Supreme Court for clarification on the jurisdiction to hear Rashid’s bail plea, with a hearing possibly scheduled for next week.
The NIA opposed Rashid’s interim bail, arguing it was an inappropriate use of the provision, as Rashid did not specify how he would serve his constituency while in jail. Rashid’s counsel, however, argued that the jurisdictional dispute had left him without any remedy, as his regular bail petition has been pending since September 2024.
Rashid’s arrest occurred in August 2019 under the UAPA, and he won the 2024 parliamentary elections from jail, defeating former Jammu and Kashmir Chief Minister Omar Abdullah by a margin of over 2,00,000 votes.
The NIA has charged Rashid Engineer along with other prominent figures, including Hafiz Saeed and Syed Salahuddin, in connection with terror funding in Jammu and Kashmir. The investigation involves allegations of collaboration between militant groups and Pakistan’s intelligence agency, ISI, in orchestrating attacks on civilians and security forces in the region.