Delhi HC reserves order on MP Rashid's plea to attend Parliament in custody

The Delhi High Court on Tuesday reserved its order on a plea by Jammu and Kashmir MP Abdul Rashid Sheikh, who is in jail in a terror funding case, seeking permission to attend the ongoing Parliament session.

A bench of Justices Chandra Dhari Singh and Anup Jairam Bhambhani, which was initially inclined to grant the permission, later said a detailed order would be passed.

The bench deliberated on certain conditions which could be imposed on Rashid in case the plea is allowed, including that the Lok Sabha Speaker could be requested to grant special permission to a police official to accompany the independent Baramulla MP in Parliament's premises. 

Rashid's plea was vehemently opposed by the NIA which said the court would have no jurisdiction inside Parliament.

A trial court had on March 19 dismissed Rashid's regular bail in the case.

Rashid, who is facing trial under the Unlawful Activities (Prevention) Act (UAPA) in a 2017 terror funding case, has challenged a March 10 trial court order refusing him custody parole or interim bail to attend Lok Sabha proceedings till April 4.

In the reply filed to the appeal on March 17, the NIA said Rashid couldn't be allowed to use his status as MP to "get away from rigours of imprisonment".

The NIA argued that Rashid could neither be granted interim bail nor allowed custody parole as he had no enforceable right to attend Parliament session while in lawful custody.

Calling Rashid a "highly influential" person who might sway witnesses in Jammu and Kashmir, the NIA said, "Under Section 43D(5) of the UAPA, the accused cannot be granted bail if there are reasonable grounds for believing that the accusations against him are prima facie true."  On March 12, the high court sought NIA's stand on Rashid's appeal.

Rashid's counsel urged the high court to permit him to attend the ongoing Parliament session on custody parole, akin to a previous two-day reprieve granted to him.

Custody parole entails a prisoner being escorted by armed police personnel to the place of visit.

The Baramulla MP, who defeated Omar Abdullah in the 2024 Lok Sabha polls, is facing trial in a terror funding case with allegations that he funded separatists and terror groups in Jammu and Kashmir.

He is lodged in Delhi's Tihar Jail since 2019 after the NIA arrested him in the 2017 terror-funding case.

According to the NIA's FIR, Rashid's name cropped up during the interrogation of businessman and co-accused Zahoor Watali.

After being chargesheeted in October 2019, a special NIA court framed charges against Rashid and others in March 2022 under Sections 120B (criminal conspiracy), 121 (waging war against the government), and 124A (sedition) of the Indian Penal Code and for offences relating to terrorist acts and terror funding under UAPA.