In a case surrounding terror funding allegations against Rashid Engineer, MP from the Baramulla seat in Jammu & Kashmir, the Delhi High Court has concluded hearings on his petition for custodial parole to attend parliamentary sessions and reserved its decision. The court suggested Rashid could request permission from the Lok Sabha Secretary-General to have a police officer accompany him in Parliament.
The NIA opposed Rashid Engineer's bail plea, arguing that participating in parliamentary sessions is not a constitutional right of MPs. The central agency highlighted the serious allegations against him, questioning the implications if he speaks in Parliament. Similarly, the Delhi Police contested the petition, pointing out potential issues if Rashid makes political statements. Different protocols should be utilized for dealing with such criminals.
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MP Rashid Requests Custodial Parole
Rashid Engineer's lawyer elaborated on their demand for custodial parole to attend parliamentary proceedings, citing a precedent where Delhi High Court granted such parole. The investigating agency NIA's current objections mirror their earlier stance. The terror funding case has not yet proceeded to trial.
The Delhi High Court noted Rashid Engineer's electoral win and swearing-in as an MP, wondering about his rights amid simultaneous imprisonment and parliamentary service for a decade. They questioned if an MP poses a flight risk.
Read Also: The Case of MP Engineer Rashid Attending Parliament, Decision Reserved by Delhi HC
Do Not Undermine the Speaker's Authority: HC
The High Court asserted its inability to restrict MPs from using cell phones within parliamentary confines as their jurisdiction does not extend inside Parliament. The authorized oversight lies with the Speaker and Chairman. Responding to NIA and Delhi Police's concerns, the court queried, 'Do you wish us to overlook his status as an elected MP? Rashid participates in the hallowed halls of democracy that is Parliament. The Speaker’s authority and stature must not be underestimated.' Notably, Engineer Rashid defeated National Conference's Vice President Omar Abdullah in the Baramulla seat during the 2024 Lok Sabha elections.
