New Delhi [India], March 17 : The National Investigation Agency (NIA) has filed a reply opposing Baramulla MP Abdul Rashid Sheikh's plea before the Delhi High Court. NIA has prayed to the High Court to reject the plea as it is not maintainable.
MP Abdul Rashid Sheikh, better known as Engineer Rashid, has sought interim bail or interim custody parole to attend the ongoing Parliament sessions. The plea is listed for hearing tomorrow beside the High Court.
NIA had filed an affidavit pursuant to the order passed by the Division bench headed by Justice Prathiba M Singh on March 12. It is stated that the present appeal under Section 21 of the NIA Act, 2008 of Appellant accused Abdul Rashid Sheikh, seeking interim bail or alternate custody parole to attend the Fourth Parliamentary Winter Session of Lok Sabha from March 11 - April 4, be rejected as not maintainable and also liable to be dismissed, on merits.
The NIA has also stated that the appellant's mere status as a Parliamentarian does not entitle him to claim any exception from the effect of being in judicial custody.
The law is well settled that legislators/parliamentarians have no statutory right to participate in the House's session so long as they are under lawful detention, the agency said.
It is further submitted that the appellant is trying to use his attendance at Parliament to escape the rigours of imprisonment, as he has been unsuccessful in obtaining bail.
The agency has stated that the appellant is a highly influential Member of Parliament from Baramulla. It is apprehended that since many of the witnesses are from Jammu and Kashmir, the appellant may influence them.
It is further submitted that the appellant is indulging in forum shopping, which is an abuse of the court's process. The special NIA Court kept his regular bail for order on March 19.
The Delhi High Court issued notice to NIA on Baramulla MP Abdul Rashid Sheikh's plea on March 12. The court also asked the NIA to file an affidavit if there was any objection to the plea.
The special NIA Court rejected his earlier plea for custodial parole. He is accused in a terror case. Senior advocate N Hariharan appeared for Engineer Rashid and argued that he is seeking permission to attend ongoing Parliament sessions.
Senior counsel submitted that he was also granted two days' custody parole to attend the parliament in February 2025.
The court asked when the parliament session was going on?
Senior advocate submitted that it is till April 4.
SPP for NIA Akshai Malik opposed the plea and submitted that earlier order was passed in the situation where there was no designated court. Therefore, only two days custody parole was granted.
I represent 45 per cent of the population of Kashmir, a senior advocate argued.
SPP for NIA urged the court to issue notice and give some time to file a reply.
The bench rejected the submissions and said that if the session is over, then what is the use of hearing the petition?
We can hear it if you are ready to argue, the court asked.
MP Rashid had moved the Delhi High Court against a trial court order refusing custody parole to him. He sought a custody parole to attend the parliament session. His plea was dismissed by the Special NIA court. He is an accused in a terror case of NIA. He has moved a petition through Advocate Vikhyat Oberoi and is seeking interim bail or interim custody parole to attend the upcoming Parliament Session from March 10 to April 4.
Patiala House Court on Monday rejected the custody parole application of Baramulla MP Rashid Engineer. Special Judge (NIA) Chander Jit Singh rejected the custody parole plea of Rashid on March 10.
Advocate Vikhyat Oberoi, alongwith Nishita Gupt, appeared for Rashid and argued that he is not a threat. He was given custody parole earlier also, and there were three extensions. He was granted interim bail to go to Kashmir and to campaign. That's next to Pakistan.
On the point of security arrangements, it was submitted that jail security would take him to the parliament and leave me there. Security personnel in civil clothes can go inside. It was further submitted that in the last session, he was granted custody parole for two days on February 11 and 13.
There will be no hindrance if he goes there. He can attend Parliament under custody parole, the counsel argued.