Delhi High Court Seeks Clarity on Parliament Custody Parole for MP Rashid Amid Jurisdictional Dispute

The Delhi High Court has requested the NIA's standpoint on Baramulla MP Engineer Rashid's plea for custody parole to attend parliamentary sessions. Rashid, currently jailed on terror charges, faces a jurisdictional tussle regarding his bail plea. The High Court hearing is set for February 7.

The Delhi High Court, on Thursday, sought clarification from the National Investigation Agency (NIA) regarding an application by Baramulla MP Engineer Rashid, seeking custody parole to attend the ongoing parliamentary session amid a jurisdictional dispute. Justice Vikas Mahajan scheduled the hearing for February 7.

Rashid, detained in Tihar Jail under charges of terrorism as per the Unlawful Activities (Prevention) Act, requested interim bail. The High Court noted that the Registrar General filed an application with the Supreme Court concerning authorities over Rashid's bail plea in an NIA case.

This jurisdictional dilemma emerged after a Special NIA Court ruled the case under the purview of the MP/MLA court, since Rashid is a Member of Parliament. The Delhi High Court's Registrar General has approached the Supreme Court for clarification, and the matter will soon be mentioned before the apex court for urgent listing.

The NIA opposed Rashid's interim bail plea, arguing it was not maintainable and lacked merit. In its opposition, the NIA labeled Rashid's plea as a misuse of the interim bail provision, meant for intolerable circumstances. Rashid's vague claims for serving his constituency were deemed insufficient grounds for relief.

Rashid's counsel, Senior Advocate N Hariharan, contended that jurisdictional issues left him without recourse. The defense highlighted that Rashid's constituency remained unrepresented due to denied interim bail during prior sessions. The bail appeal remained unresolved since September 2024.

Rashid's arrest occurred in August 2019 under UAPA charges. From jail, he won a parliamentary seat in the 2024 elections, defeating former J&K Chief Minister Omar Abdullah. The NIA Court previously ordered charges against Rashid and others, linking them to a terror funding investigation involving militant groups and Pakistan's ISI.

The NIA alleges operations by these groups were aimed at destabilizing Jammu and Kashmir under the guise of political resistance. The agency maintains that funding, channeled through illicit means, fueled regional unrest and targeted civilian and security infrastructures.