Jammu and Kashmir’s Baramulla MP Engineer Rashid moved the Delhi High Court against the trial court’s order refusing custody parole to him. The High Court is expected to hear his plea on Wednesday.
Engineer Rashid, who is accused in a terror case by NIA, sought a custody parole for attending the parliament session after the special NIA court dismissed his plea on Monday.
Sheikh Abdul Rashid, better known as Engineer Rashid, has moved his petition through Advocate Vikhyat Oberoi and is seeking interim bail or interim custody parole to attend the ongoing Parliament Session from March 10 to April 4, 2025.
Rashid’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 Engineer Rashid and argued that he was not a threat.
“He was given custody parole earlier also and there were three extensions. He was granted interim bail to go to Kashmir to campaign. That’s next to Pakistan,” Rashid’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 the session on custody parole. “How can Engineer Rashid be a threat in New Delhi when he was not one in Kashmir? He was granted custody parole to take oath in the Parliament,” the counsel argued.
“Engineer Rashid represents 45 per cent of the population of Kashmir. It is his duty to attend the parliament,” he added.
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’s session till they are in detention. The NIA also highlighted instances of misuse of phone facilities during earlier paroles.
“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. He also argued that Engineer Rashid has the right to attend Parliament until disqualified.
He is accused and in judicial custody in a case filed by the NIA. His regular bail application is pending before the special NIA Court at Patiala House. The court has asked the counsel to file written submissions.
This development comes as the Engineer Rashid, who was arrested in 2019 in connection with a terror funding case, remains in judicial custody. (ANI)
