Delhi High Court allows Engineer Rashid to attend Parliament

The Delhi High Court Wednesday allowed jailed Baramulla Member of Parliament (MP) Abdul Rashid Sheikh alias Engineer Rashid to attend parliament while remaining in custody..The Bench of Justices Chandra Dhari Singh and Anup Jairam Bhambani passed an order allowing Rashid to attend the Parliament sessions in custody between March 26 to April 4. However, the Court directed Rashid to not interact with anyone at 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 to not use mobile phone or any communication device. He shall not engage with or address the media (electronic/print) within the premises of the Parliament or outside, the Court ordered.The expense for the travel shall be borne by Rashid, the Court stated..The Court also issued directions to facilitate Rashid to attend the Parliament sessions.In the order, the Court has directed the Director General (Prisons) to send Rashid 'in custody' under plain-clothed police escort from prison to the Parliament House. At the Parliament House, he shall be handed-over to the custody of Parliament security/marshals, who shall allow him to attend the proceedings of the Lok Sabha, the Bench said. At the end of session each day, the marshals are directed to hand-back custody to the prison escort. "Upon conclusion of the proceedings of the Lok Sabha on each day, the appellant shall be brought back and admitted to prison even if it happens to be beyond official hours as per jail rules," the Court stated.The Court requested the Secretary General of the Lok Sabha to ensure compliance of 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..The Bench clarified that this order is not intended to constitute a precedent"It is clarified that this order is not intended to constitute a precedent; and any subsequent prayer seeking similar relief on similar grounds would be considered on its own merits, in accordance with law." the Court stated..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. He had earlier moved a trial court for bail, which recently rejected the bail plea.Meanwhile, Rashid approached the High Court seeking permission to attend the ongoing parliament session. The High Court sought the National Investigation Agency's (NIA) response to this plea on March 12. .This order was reserved yesterday after arguments. Senior Advocate Hariharan representing Rashid had urged the court to grant permission to attend the Parliament session, placing reliance on a past order of the single-judge bench that allowed such relief on an earlier occasion..Additional Solicitor General Rajkumar Bhaskar Thakare, appearing for the NIA, opposed Rashid's plea."If he makes a political statement, it would be a problem. These types of offenders (UAPA accused) need to be treated differently," the ASG said. "You want us to ignore that fact that he is an elected parliamentarian?" Justice Bhambani replied. .Justice Bhambani observed that conditions could be imposed to take care of security concerns that may arise if Rashid is allowed to go to parliament. "Is a member of parliament a flight risk? We can prevent him from using the cellphone. We have no jurisdiction in the parliament, the Speaker and Chairman will take care of what happens in the Parliament," the judge remarked. "The policeman in plain clothes was allowed to come inside with me (Rashid) earlier," Hariharan added. .The Court disposed of Rashid's plea with a direction to send a copy of the Order to the Director General (Prisons), the concerned Jail Superintendent as well as to the Secretary General of the Lok Sabha for compliance. .Senior Advocate Hariharan with Advocates Vikhyat Oberoi, Nishita Gupta, Shivam Prakash, Ravi Sharma, Jagriti Pandey, Punya Rekha Angara, Vasundhara, Sana Singh, Aman Akhtar, Vinayak Gautam and Hosnaih Khwaja appeared for Rashid. Additional Solicitor General Rajkumar Bhaskar Thakare, Special Public Prosecutor Akshai Malik, with Advocates Khawar Saleem and Akash Kavade appeared for NIA. [Read order].[Read Live Coverage of hearing].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.