NEW DELHI, Feb 7: The Delhi High Court has reserved its decision regarding a request from incarcerated MP Rashid Engineer, who is currently on trial for a terror funding case, seeking custody parole to participate in the ongoing Parliament session.
Justice Vikas Mahajan listened to arguments from both the attorney representing the Baramulla MP and the National Investigation Agency (NIA) before stating, “Judgement reserved.”
The NIA’s counsel opposed the request for custody parole, asserting that Rashid did not have an inherent right to attend Parliament.
They further argued that Rashid failed to demonstrate a “specific purpose” for seeking parole and raised concerns about security.
On the contrary, Rashid’s attorney pointed out that his constituency was not being represented in Parliament and that he should be allowed to join the session.
“I represent the largest constituency in J&K. Don’t prevent representation when the process of inclusion has begun… Don’t silence the voice of the constituency,” the attorney contended.
The court was hearing Rashid’s plea, which claimed that the NIA court, handling his bail application, left him in limbo following his election to the Lok Sabha last year because it lacked the jurisdiction of a special MP/MLA court.
As a form of interim relief, Rashid requested custody parole.
Previously, the NIA had rejected Rashid’s plea for interim bail to attend the Parliament session, maintaining that he had no such “right” as a member of Parliament.
In his petition, Rashid has called on the high court to either expedite the resolution of his pending bail application by the NIA court or to make a determination on the matter themselves.
Rashid has been incarcerated in Tihar Jail since 2019 after being arrested by the NIA under the Unlawful Activities (Prevention) Act in connection with a 2017 terror-funding case. (Agencies)
