Delhi High Court asks NIA: ‘Can Baramulla MP Engineer Rashid attend Parliament sessions on custody parole?’

Justice Vikas Mahajan directed the NIA counsel on Thursday to come up with instructions on the specific aspect on whether Rashid can be considered for custody parole release on Friday for attending Parliament sessions.

NIA orally opposed Rashid’s demand, and informed the court that “the NIA officers say there is a security issue too, he can’t be taken inside Parliament”.

Justice Vikas Mahajan, however, observed that Rashid was taken to Parliament, while being in jail, for taking oath as an MP after winning the Lok Sabha elections in 2024.

Rashid was arrested in 2019 under the Unlawful Activities (Prevention) Act. According to the NIA, he used various public platforms to “propagate the ideology of separatism and secessionism”, was closely associated with various terrorist organisations, and wanted to “legitimise” the United Jihad Council, a platform of anti-India militant groups in Jammu and Kashmir.

Earlier this week, the HC was also informed that the Delhi High Court on the administrative side through its registrar general that it had moved an application before the Supreme Court seeking clarification if a specially designated NIA court can also be designated as an MP/MLA court, and if such a court will have jurisdiction to try NIA cases not involving MP/MLAs.

The counsel for Delhi HC Registrar General Kanhaiya Singhal told Justice Mahajan that a clarification from Supreme Court is required as a 2016 judgment of the apex court designates MP/MLA court to solely try cases involving MP/MLAs. Singhal also informed the court that their application is likely to be listed on February 10 or 11, and they shall be mentioning the matter for consideration on Friday before the SC.

Rashid’s bail plea has been pending at the trial court as the trial court is awaiting instructions on whether an NIA court has jurisdiction to decide his plea or a designated MP/MLA court.