Delhi HC allows terror accused J&K MP Engineer Rashid to attend Parliament session ‘in custody’ under police escort

The Delhi High Court on Wednesday allowed Jammu and Kashmir MP Abdul Rashid Sheikh alias Engineer Rashid, accused in a 2017 terror funding case, to attend parliament proceedings “in custody” under police escort from March 26 to April 4. Rashid will have to travel back and forth between jail and Parliament, reported PTI.

While hearing the case, the bench of Justices Chandra Dhari Singh and Anup Jairam Bhambhani said Rashid will not be permitted to use a mobile phone or landline or talk to the media. “The appellant shall not interact with any other person, at any time while he is outside the premises of jail, except within the premises of Lok Sabha House and in relation to performance of his role as a Member of Parliament as per the requisite discipline permitted by the Lok Sabha Rules,” LiveLaw quoted the statement by the Bench as saying.

"At the Parliament House, the appellant shall be handed over to the custody of Parliament security/marshals, who shall allow the appellant to attend the proceedings of the Lok Sabha and to avail other facilities and amenities within the Parliament House during the hours that the Lok Sabha is in session; and shall thereafter hand back custody of the appellant to the prison escort, who will bring him back to prison straight from the Parliament House, on the same day, without any delay,” the court added.

The court emphasised that “the appellant owes to the people of his constituency the duty and responsibility to represent them in Parliament”, having administered the oath despite being undertrial and confronting serious charges.

Who is Engineer Rashid?

Rashid, 57, was elected from the Baramulla constituency in the 2024 Lok Sabha elections and has been lodged in Tihar Jail since 2019. He was arrested by the NIA under the Unlawful Activities (Prevention) Act (UAPA) in a 2017 terror funding case. He defeated Omar Abdullah, the current Jammu and Kashmir Chief Minister, by more than two lakh votes in the Baramulla seat. He got interim bail to do campaigning during the assembly elections last year.

He had challenged a special NIA court order disallowing him custody parole on March 10. He asked for relief in the trial court to fulfil his public duty as an MP. A single judge of the high court had allowed Rashid's custody parole for two days in February so that he could participate in the parliament session. Delhi's Patiala court rejected his regular bail plea on March 21.