A Delhi court has allowed jailed Baramulla Member of Parliament (MP) Abdul Rashid Sheikh alias Engineer Rashid to attend parliament in custody on September 9 to cast his vote in the upcoming Vice Presidential election.
Additional Sessions Judge (ASJ) Chander Jit Singh of the Patiala House Court passed the order on September 4 allowing Rashid to cast his vote for electing the new Vice President of India (VP).
This was after Rashid moved an application seeking directions for allowing in-custody visit to the parliament for voting in the polls.
Rashid is currently in Tihar Jail as an accused in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA). He was arrested in 2019.
He had won the Baramulla Lok Sabha seat in the 2024 Lok Sabha polls by defeating current Jammu and Kashmir Chief Minister Omar Abdullah by over two lakh votes.
His plea for allowing visit to parliament to vote for VP polls was not opposed by the National Investigation Agency (NIA).
However, the NIA contended that Rashid should bear the expenses towards travel and necessary arrangements for the same.
The Court noted that Rashid had earlier been allowed to attend parliament for taking oath and also to participate in the parliament session. It was noted that on such occasions, he did not violate any conditions imposed on him.
"Thus, having regard to the no objection on behalf of NIA coupled with the fact that there has not been any report of violation of any condition on earlier occasions and the fact that accused being a Member of Parliament having a right to cast vote in the said election, applicant/accused is granted permission and is directed to be taken in-custody to Parliament on 09.09.2025 for a limited purpose of casting vote in the upcoming election for the Vice President of India,” the Court directed.
The Court also issued directions to facilitate Rashid to attend the the parliament on the said date. These directions were also previously issued by the Delhi High Court while allowing him to attend parliament's budget session.
The Court directed Rashid not to interact with anyone in the parliament, except within the premises of Lok Sabha House and in relation to the performance of his role as an MP.
Further, the Court ordered Rashid not to use mobile phone or any communication device. He shall not be entitled to have access to internet by any mode and shall not engage with or address the media (electronic/print) within the premises of the parliament or outside, the Court ordered.
The Court directed the Jail Superintendent to send Rashid 'in custody' under plain-clothed police escort from prison to the parliament house.
At the parliament, he shall be handed-over to the custody of parliament security/ marshals, who shall allow him to attend the proceedings of the Lok Sabha.
Upon conclusion of the proceedings, he shall be brought back and admitted to prison even if it happens to be beyond official hours as per jail rules.
The Court requested the Secretary General of the Lok Sabha to ensure compliance with these conditions so that Rashid's judicial custody is not compromised.
"Any steps taken by the Secretary General of the Lok Sabha would be consistent with the intent and purpose of the present order, which is to allow the appellant to participate in Parliamentary proceedings of the Lok Sabha for the given dates," the Court stated.
Further, the Court stated that the issue of imposition of travel costs and expenses towards Rashid’s visit to parliament would be subject to the orders of the Delhi High Court where the issue is currently pending.
The Court directed Rashid to give an undertaking to the effect that if by the orders of the High Court, the expenses for going to parliament is to be borne by him personally, he will pay the same later on.
Advocate Vikhyat Oberoi appeared for Rashid.
Special Public Prosecutor Gautam Khazanchi, Public Prosecutor Ankit Gautam with advocate Aditi Kukreja appeared for NIA.
Rashid had earlier moved a trial court for bail, which recently rejected the bail plea.
Rashid was earlier allowed to attend the budget session by the High Court. He also filed a plea attend the monsoon session of the parliament this year but no order was passed on that.