‘Not a precedent’: Delhi HC allows 2-day parole to jailed MP Engineer Rashid

Clarifying it wasn’t a precedent, the Delhi High Court on Monday allowed a two-day custody parole to jailed Jammu and Kashmir MP Rashid Engineer to attend the Parliament session.Justice Vikas Mahajan, however, clarified the order was passed on account of Rashid having no other remedy due to non-availability of a court to hear his bail plea and the relief should not be construed as a precedent.Rashid was allowed to attend the Parliament sessions on February 11 and 13.“If access to justice is a facet of fundamental rights, then non-availability of forum for disposal of applicant’s application for bail, either interim or regular, renders the petitioner remediless for the time being, and concomitantly deprives him of the aforesaid right,” the court said.The order said it would not “completely negate” Rashid’s plea for custody parole.Custody parole entails a prisoner being escorted by armed police personnel to the place of visit.Justice Mahajan in a 16-page judgment said the law was “well settled” on the issue of jailed legislators having no statutory right to participate in the session of the house and Rashid therefore had no “enforceable right” to attend Parliament session.The court, said the judge, could not “lose sight” that his plea for regular or interim bail was pending in the NIA court since August 2014.Deprivation of personal liberty without ensuring speedy trial was not consistent with Article 21 of the Constitution of India, and timely delivery of justice was part of human rights, it added.Rashid was saddled with certain riders, including not using a cellphone or internet, or addressing the media or any person except to his limited responsibility as an MP.“The director general (prisons) Delhi, in consultation with the secretary general, Lok Sabha, shall make the requisite arrangements for the applicant/petitioner to attend the parliamentary sessions,” ordered the court.The Baramulla MP is facing trial in a terror-funding case with the allegations that he funded separatists and terror groups in Jammu and Kashmir.Rashid moved the high court alleging he was left without a remedy after the NIA court dealing with his bail application left him in a limbo post his election to the Lok Sabha last year on account of it not being a special MP/MLA court.As an interim relief, he sought custody parole.The court order said if the parliamentary sessions went beyond the official jail hours, jail authorities would allow Rashid to surrender after such official hours and on both the days, he would be in the custody of the jail authorities with adequate police security.Any prayer for further custody parole would be considered by the “designated court” on merits in accordance with law, it added.Senior advocate Sidharth Luthra and advocate Akshai Malik, representing the NIA, argued against the granting of custody parole, and said Rashid did not have a vested right to attend Parliament and hadn’t demonstrated a specific purpose for his request.Luthra highlighted security concerns over Rashid being allowed to enter Parliament, saying custody parole required police escort, posing complications given the restrictions on armed personnel within the premises.On the contrary, senior advocate N Hariharan, along with advocate Vikhyat Oberoi, argued Rashid should be allowed to attend the session as his constituency was not being represented during the budget session when the funds allocated to his state had gone down by Rs 1,000 crore.The high court administration has filed a plea in the Supreme Court seeking clarification on the issue of designation of a court to hear Rashid’s bail plea.Rashid was arrested in 2019 following allegations of involvement in a money laundering case and for waging war against the country under the Unlawful Activities (Prevention) Act.His case is linked to funding separatist activities in Jammu and Kashmir and connections to designated terrorist Hafeez Saeed.The NIA alleged Rashid used public platforms to promote separatist ideology and played a role in inciting violence against security forces in the region. The trial is ongoing, with 21 prosecution witnesses examined out of a total of 248.After being chargesheeted in October 2019, a special NIA court framed charges against him in March, 2022.Charges were framed in the case against Rashid and others in 2022 under Sections 120B (criminal conspiracy), 121 (waging war against the government),124A (sedition) of IPC and for offences relating to terrorist acts and terror finding of UAPA.His tenure as an MLA was mired in controversies and drama. In October 2015, he was assaulted by BJP MLAs inside the erstwhile Jammu and Kashmir legislative assembly for hosting a party where he allegedly served beef in the lawns of the MLA hostel.

‘Not a precedent’: Delhi HC allows 2-day parole to jailed MP Engineer Rashid

The Baramulla MP is facing trial in a terror-funding case

PTI

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