Rashid Engineer Secures Custody Parole to Represent Jammu and Kashmir in Parliament Amid Legal Battle
New Delhi, Feb 10: The Delhi High Court has granted a two-day custody parole to jailed Jammu and Kashmir MP, Abdul Rashid Sheikh, also known as Rashid Engineer, allowing him to attend the ongoing Parliament session. Justice Vikas Mahajan issued the order permitting Rashid to be present in the Parliament on February 11 and 13, for the critical proceedings.
Custody parole, which allows a prisoner to leave the jail under armed escort, was granted under specific conditions. Rashid was prohibited from using his cellphone or addressing the media during his brief parole. The court also made it clear that Rashid would be transported to the Lok Sabha by armed police and his security arrangements inside the Parliament would be coordinated in consultation with the Secretary General.
The Baramulla MP is facing trial in a terror funding case, with allegations that he financed separatist and militant groups in Jammu and Kashmir. Rashid’s bail proceedings have been complicated due to his status as a parliamentarian, with the NIA court unable to process his bail application in the absence of a special MP/MLA court. In this legal limbo, Rashid moved the High Court requesting custody parole as interim relief.
In the courtroom, the National Investigation Agency (NIA) represented by senior advocate Sidharth Luthra opposed the move, citing security concerns. Luthra argued that Rashid’s request lacked a specific, valid purpose and pointed out that custody parole requires armed police escorts, which would create logistical complications within Parliament premises, where armed personnel are typically not allowed. He emphasized that custody parole should not be considered a right, especially for a parliamentarian, and distinguished Rashid’s situation from cases where parole was granted for personal reasons.
However, Rashid’s legal team, led by senior advocate N. Hariharan, argued that the absence of Rashid in Parliament would leave his vast constituency unrepresented, particularly as funds allocated to Jammu and Kashmir had been reduced by Rs 1,000 crore during the budget session. Hariharan drew parallels with the 2009 case of lawmaker Pappu Yadav, who was permitted to attend Parliament while in custody. He emphasized the importance of ensuring representation for the people of Jammu and Kashmir, asserting that preventing Rashid from participating would be akin to stifling his constituency’s voice.
Rashid, who was arrested in 2019, is accused of funding separatist movements in Jammu and Kashmir and allegedly maintaining links with designated terrorist Hafeez Saeed. His legal battle continues as the court deliberates on the specifics of his parole and his ability to fulfill his duties as an elected representative, despite the serious charges he faces.
