New Delhi, Mar 5: Incarcerated Jammu and Kashmir MP Engineer Rashid has requested custody parole to attend the forthcoming Parliament session, asserting that he poses no security threat.
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Rashid’s lawyer presented the request to additional sessions judge Chander Jit Singh, who has reserved the decision for March 7 after considering arguments on the matter.
The plea for Rashid’s interim bail or custody parole was lodged by advocate Vikhyat Oberoi on February 27, after which the court sought the National Investigation Agency’s (NIA) response on March 3.
The counsel argued that as a parliamentarian, Rashid required custody parole to perform his public duties during the upcoming session.
Custody parole permits a prisoner to be escorted by armed personnel during their visit.
Oberoi noted that the Delhi High Court had previously allowed custody parole for two days for Rashid to participate in parliamentary sessions.
He also referred to Rashid’s submission of questions regarding the functioning of J&K departments in Parliament, stating, “I have submitted questions for all departments and am requesting debates on these topics. I fully respect the high court’s ruling that such an order for custody parole should not be considered a precedent; I am simply arguing that I am not a security threat based on the evidence presented.” He emphasized that Rashid represents 45 percent of Kashmir and should be allowed to serve his constituency.
“I am merely requesting that he (Rashid) attend Parliament on behalf of the people. It is not simply a condition; I argue that attending Parliament is a fundamental duty,” the counsel stated.
Conversely, the NIA’s counsel contested the request, asserting that being a parliamentarian does not exempt one from detention.
“Today, he claims to be an MP seeking custody parole to fulfill his duty. Tomorrow, a doctor might argue that although accused of a crime, they need to perform surgery to save lives, but can they conduct the procedure? Anyone might say they need to perform their duties,” the NIA counsel contended.
Engineer Rashid, who gained prominence by defeating Chief Minister Omar Abdullah in the 2024 Lok Sabha elections in Baramulla, has a regular bail application currently under consideration by the court.
The second phase of Parliament’s budget session is set to commence on March 10 and conclude on April 4.
The judge had previously granted Rashid interim bail on September 10 to allow him to campaign in the Jammu and Kashmir assembly elections.
Rashid was re-incarcerated in Tihar Jail on October 27 and has been detained since 2019, having been arrested by the NIA under the Unlawful Activities (Prevention) Act in connection with a 2017 terror funding case.
The Delhi High Court directed the sessions judge on February 24 to expedite the decision regarding Rashid’s bail application.
This instruction stemmed from the sessions court’s request on December 24, 2024, for the district judge to transfer the case to a court designated for lawmakers.
Rashid’s name surfaced during the investigation into Kashmiri businessman Zahoor Watali, who was arrested by the NIA for allegedly financing terrorist groups and separatists in the Kashmir Valley.
The NIA has submitted a chargesheet against various individuals, including Kashmiri separatist leader Yasin Malik, Lashkar-e-Taiba founder Hafiz Saeed, and Hizbul Mujahideen chief Syed Salahuddin, in this matter.
Malik was sentenced to life imprisonment by a trial court in 2022 after pleading guilty to the charges. (Agencies)
