New Delhi- The National Investigation Agency (NIA) on Monday opposed the plea of jailed Jammu and Kashmir MP Sheikh Abdul Rashid, alias Engineer Rashid, asserting that he cannot use his parliamentary status to “get away from the rigours of imprisonment”.
The NIA’s response in the Delhi High Court came after Rashid challenged a March 10 trial court order denying him custody parole or interim bail to attend Lok Sabha proceedings until April 4.
The agency maintained that Rashid, who represents Baramulla, faces serious charges under the Unlawful Activities (Prevention) Act (UAPA) and has no enforceable right to attend Parliament while in lawful custody.
Dismissing his plea as an abuse of the legal process, the NIA argued that Rashid’s claim of wanting to serve his constituency was based on “vague averments” and lacked legal merit.
“Mere status as a Parliamentarian does not exempt him from judicial custody. The law is clear that legislators have no statutory right to participate in House proceedings while under lawful detention,” the agency stated.
At the time of filing his nomination for the Lok Sabha elections, charges had already been framed against Rashid by a special court, and the trial was ongoing, the NIA said. It contended that his election victory did not change the legal standing of his detention and could not be used as grounds for bail.
Labeling Rashid as “highly influential” with the potential to influence witnesses in Jammu and Kashmir, the NIA cited Section 43D(5) of UAPA, which restricts bail if there are reasonable grounds to believe the accusations are prima facie true.
The agency further noted that the summons issued by the President of India for Rashid to attend Parliament were routine communications sent to all MPs and did not create an exclusive privilege for him.
Rashid’s counsel urged the high court to allow him custody parole, similar to a prior two-day reprieve. Custody parole entails a prisoner being escorted by armed police personnel to a designated place.
Rashid, who defeated former Chief Minister Omar Abdullah in the 2024 Lok Sabha polls, is currently lodged in Tihar Jail. He was arrested by the NIA in 2019 in a terror funding case, with allegations of financing separatist and militant groups in Jammu and Kashmir.
His name emerged during the interrogation of businessman and co-accused Zahoor Watali, leading to his chargesheeting in October 2019. In March 2022, a special NIA court framed charges against him under multiple sections of the IPC, including criminal conspiracy, waging war against the government, sedition, and various UAPA offences.
The Delhi High Court had earlier sought the NIA’s response on Rashid’s appeal, with the order on his regular bail plea scheduled for March 19.
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