NEW DELHI:
Delhi court on Tuesday reserved its order on jailed Lok Sabha MP Engineer Rashid’s plea seeking custody parole or interim bail, to attend the forthcoming monsoon session of Parliament, beginning on 21 July. Additional Sessions Judge Chander Jit Singh adjourned the matter to the same date, signalling that a decision on whether Rashid can perform his duties as an elected representative will be delivered then.
Engineer Rashid, formally Sheikh Abdul Rashid, was elected in 2024 from Baramulla, Jammu and Kashmir, defeating former Chief Minister Omar Abdullah. Despite his victory, he remains incarcerated in Tihar Jail since 2019, following an arrest under the Unlawful Activities (Prevention) Act (UAPA) in connection with a 2017 terror‑funding case.
During the Tuesday hearing, Rashid’s lawyer, Vikhyat Oberoi, emphasised that denying the MP custody parole would leave his vast constituency without representation in Parliament. “I represent the largest constituency of J&K. Don’t prevent the representation when the process of inclusion has started, Don’t stifle the voice of the constituency,” he argued.
The National Investigation Agency (NIA) strongly opposed the plea, contending that Rashid holds no automatic right to attend Parliament while in custody and that his request lacked a precise purpose. The agency also raised concerns about security and the logistical challenges of allowing armed escort personnel into the Parliament premises.
Judge Chander Jit Singh opted to defer his judgment to coincide with the start of the monsoon session, stating it would provide time for both sides to address the key legal issues and security implications. The judge expressed his intention to rule on Rashid’s plea when Parliament reconvenes on 21 July.
In addition to custody parole, Rashid’s petition seeks an expedited decision on his regular bail application pending before the NIA court. His legal team argues that since this court is not a designated MP/MLA court, jurisdictional confusion has indefinitely stalled bail proceedings. The High Court similarly deferred judgement pending clarity over which forum should handle the matter.
Rashid, a former civil engineer and the founder of the Jammu and Kashmir Awami Ittehad Party, secured a decisive electoral win despite his imprisonment, underscoring his political influence in the Valley . He had previously been granted interim bail in 2024 to contest elections and take the oath of office.
If granted custody parole, Rashid would be escorted under tight security to participate in the monsoon session. Such permissions have precedent: in February, the Delhi High Court delivered custody parole for two days so he could attend the budget session.
Legal observers note the case raises broader issues around access to justice and the representation rights of incarcerated legislators. The outcome may set an important precedent for how India’s judicial and parliamentary systems balance security, legal process, and democratic representation. As the 21 July hearing approaches, attention lies on whether Engineer Rashid will be permitted to fulfil his legislative responsibilities or continue to be sidelined from parliamentary affairs.
