Patiala House Court on Monday rejected Jammu and Kashmir MP Rashid Engineer’s plea for custody parole to attend the ongoing Parliament session.
Engineer, who represents Baramulla, had sought permission to attend the session from March 10 to April 4.
Engineer’s counsel, Advocate Vikhyat Oberoi, argued that his client was not a threat and had been granted custody parole earlier. Special Judge (NIA) Chander Jit Singh rejected the plea.
Advocate Vikhyat Oberoi and Nishita Gupta appeared for Rashid Engineer and argued that he was not a threat.
“He was given custody parole earlier also and there were three extension. He was granted interim bail to go to Kashmir and to campaign. That’s next to Pakistan,” the engineer’s advocate stated.
On the point of security arrangements, it was submitted that jail security would take him to the parliament and leave him there. He submitted that security personnel in civil clothes can go inside.
It was further submitted that he was granted custody parole for two days on February 11 and 13 in the last session.
The counsel argued that if he goes there, there will be no hindrance. He can attend Parliament on custody parole.
“How can Rashid Engineer be a threat in New Delhi when he was not one in Kashmir? He was granted custody parole to take an oath in the parliament, the counsel argued.
“Rashid Engineer represents 45 per cent of the population of Kashmir. It is my (Rashid Engineer) duty to attend the parliament,” he added.
The National Investigation Agency (NIA) opposed the plea, stating that Engineer had no statutory right to attend Parliament while in detention. The NIA also highlighted instances of misuse of phone facilities during earlier paroles.
Advocate Gautam Khazanchi, special counsel for the NIA, opposed the plea. He submitted that the law is settled in the Suresh Kalmadi case, and they have no statutory right to attend the parliament until they are in detention.
“It can’t be said that he has a right to interim bail, as he was granted relief earlier, he added. There is no control over security by the NIA. We have seen a misuse of a phone. Custody parole should not be generated,” said Khazanchi.
In rebuttal arguments, the accused’s counsel submitted that the detainee has no right to vote, but they have the right to contest. I (Rashid Engineer) have a right to attend Parliament until disqualified.
He is an accused and is running in judicial custody in a case filed by the NIA.
His regular bail application is pending before the special NIA at Patiala House Court. The court has asked the counsel to file written submissions.
Meanwhile, he has moved an application 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, 2025.
This development comes as the Engineer who was arrested in 2019 in connection with a terror funding case remains in judicial custody. (ANI)
