NEW DELHI: The Delhi high court on Tuesday said that both the court and the Lok Sabha Speaker are fully capable of ensuring that Jammu and Kashmir MP Abdul Rashid Sheikh, also known as Engineer Rashid, currently jailed in a terror funding case, abides by the law while attending Parliament.
The court later reserved its order on Rashid’s plea to participate in the ongoing session.
Discounting the National Investigation Agency’s (NIA) concerns over losing control of the accused within Parliament premises, Justice Anup Jairam Bhambhani said, “Let’s not see ghosts. Let’s not feel so powerless that ‘oh my God, inside Parliament he will do this or that.’ He will be in our custody. Our arms are long enough and strong enough to keep him in line.”
After hearing submissions from both the NIA and Rashid’s counsel, a bench of Justices Chandra Dhari Singh and Bhambhani stated that a detailed order would be passed soon.
The court suggested that the NIA’s apprehensions could be addressed by imposing stringent conditions on Rashid if he is permitted to attend the session, which runs until April 4. Rashid’s counsel clarified that his plea was not for custody parole but for permission to attend the House while remaining in custody. He assured the court that Rashid would strictly comply with any conditions imposed.
Parliament is not beyond the law, says HC
The court specified that the Speaker and the secretary general of the Lok Sabha possess sufficient authority to maintain discipline inside Parliament.
“We are not granting him bail. He is in custody, and our officers will be with him at all times, except where they are not allowed. He will be in the highest temple of democracy—inside Parliament. Do not undermine the power of the Speaker and the Secretary General to enforce discipline,” Justice Bhambhani said.
In response to the NIA’s insistence on Rashid’s role in the case, the bench assured, “We do not for a moment undermine the seriousness of the allegations. National security is paramount.”
The court also suggested allowing a prison or police official in plain clothes to accompany Rashid inside Parliament if necessary.
Rashid’s counsel counters NIA’s objections
Facing strong opposition from the NIA, Rashid’s counsel argued that the Parliament’s marshals would maintain strict control over his actions.
“The moment he switches on his mic to say anything inappropriate, his mic will be taken away, and he will be thrown out,” Rashid’s lawyer said.
To this, Justice Singh said, “Then it will become a national issue that his mic has been taken away and he has been thrown out by the marshals.”
Rashid’s counsel also informed the court of plans to challenge a March 19 trial court order denying him regular bail.
Rashid’s terror funding case
Rashid, an Independent MP from Baramulla who defeated Omar Abdullah in the 2024 Lok Sabha elections, is facing trial under the Unlawful Activities (Prevention) Act (UAPA) in a 2017 terror funding case. He was arrested by the NIA in 2019 and has been lodged in Delhi’s Tihar Jail since.
The NIA’s case against Rashid stems from allegations that he financially aided separatists and terror groups in Jammu and Kashmir.
His name surfaced during the interrogation of businessman Zahoor Watali, a co-accused in the case. A special NIA court framed charges against Rashid in 2022 under IPC sections related to criminal conspiracy, sedition, and waging war against the government, along with UAPA provisions for terror funding.
The Baramulla MP was previously granted interim bail for a month in September 2023 to campaign for the Jammu and Kashmir Assembly elections.
The high court has now asked the NIA to suggest additional conditions that could be imposed if Rashid is allowed to attend Parliament, reserving its final decision.
