SRINAGAR: The Delhi High Court on Tuesday indicated it may permit jailed Jammu and Kashmir MP Engineer Rashid to attend the second part of the parliamentary session while remaining in custody.
Live Law reported that a division bench of Justices Chandra Dhari Singh and Anup Jairam Bhambhani reserved its verdict on Rashid’s plea after his counsel, Senior Advocate N Hariharan, clarified he was not seeking interim bail or custody parole but only permission to attend Parliament.
The NIA opposed Rashid’s plea, arguing that the allegations against him were serious and his presence in Parliament could pose a security risk. Justice Bhambhani countered that the agency should not assume Rashid would act against national security and should respect the authority of the court and the Speaker. He noted that Rashid, an elected representative, had previously been granted custody parole to attend Parliament.
During the hearing, Justice Bhambhani questioned whether an undertrial parliamentarian could be denied the right to fulfil legislative duties. He remarked that preventing undertrials from contesting elections would require a legal amendment. The court also suggested seeking special permission from the Speaker or Secretary General to allow a prison officer in plain clothes to accompany Rashid inside Parliament.
The bench said it would issue an order in the matter, emphasising that national security concerns should not be based on speculation. Rashid has been in Tihar Jail since 2019 after his arrest under the Unlawful Activities (Prevention) Act in a 2017 terror-funding case.
