NEW DELHI, Feb 7:
The Delhi High Court on Friday reserved its order on a plea seeking custody parole to attend the ongoing Parliament session by jailed MP Abdul Rashid Sheikh alias Engineer Rashid, accused of funding separatists and terror groups in Jammu and Kashmir.
“Judgement reserved,” said Justice Vikas Mahajan after hearing the counsel appearing for the Lok Sabha MP from Baramulla (North Kashmir) and the National Investigation Agency (NIA).
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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.
He 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.
“Custody parole is not a vested right of a parliamentarian,” Luthra noted, distinguishing this case from instances where custody parole was granted for personal reasons such as marriage or bereavement.
Luthra argued, “He has to be accompanied by armed personnel. How can you have armed personnel enter Parliament? Nobody with arms can enter. My objection has no meaning. He is subject to the norms of a different body.”
“There are security issues beyond the NIA’s domain. Custody parole is not a vested right of a parliamentarian,” he added.
Justice Mahajan said though there might not be a vested right to attend the session, the court could exercise its discretion.
Senior advocate N Hariharan, along with advocate Vikhyat Oberoi, representing Rashid, said he 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.
He referred to a previous case involving lawmaker Pappu Yadav who was allowed to participate in a Parliament session in 2009.
Rashid’s counsel argued, “I represent the largest constituency of J&K. Don’t prevent representation when the process of inclusion has started… Don’t stifle the voice of the constituency.”
They questioned how Rashid could be considered a security threat now, given he had previously been allowed to campaign for the Lok Sabha elections and take oath of office.
Luthra countered saying there was no substantial purpose for allowing Rashid to attend the session at this time, recalling that his previous request to attend a previous Parliament session was denied.
“What is the purpose today? The budget was presented. Has he done anything except sit on a hunger strike and has been sent to RML (hospital)?” he asked.
The NIA has raised concerns about Rashid’s past conduct, alleging he misused telephone privileges while incarcerated in Tihar Jail, prompting restrictions on his communication.
The NIA said Rashid was allowed only two calls in three weeks due to the misuse. (PTI)
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