The Delhi High Court on Tuesday reserved an order on the Baramulla MP Engineer Rashid’s plea seeking permission to attend the ongoing Parliament session in custody. He sought permission to attend the parliament session in custody.
A division bench of justices Chandra Dhari Singh and Anup Jairam Bhambhani reserved the order after hearing the submissions of counsel for Engineer Rashid and the National Investigation Agency (NIA).
The bench said, ” We will pass an order.”
Senior advocate N Hariharan and advocate Vikhyat Oberoi appeared for Abdul Rashid Sheikh (also known as Engineer Rashid) and argued that I am asking for permission to attend Parliament Session.
“Earlier I (Engineer Rashid) was granted custody parole by the single judge bench,” the counsel argued.
The NIA opposed the plea and submitted that there were serious charges against the petitioner.
Senior advocates argued that serious conditions can be imposed. NIA said that once you enter the parliament court conditions would not apply. What happenes If he makes a speech there, NIA asked.
The counsel for the petitioner submitted that the petitioner was allowed to campaign for the elections despite facing charges at the time also. It was further submitted that Engineer Rashid was allowed to take oath in parliament.
“My (Engineer Rashid) allegiance to this country is beyond any doubt. I was granted interim bail for the campaign, not opposed,” the counsel argued.
While opposing the plea, NIA said that there was a Violation of the jail rule, he was found with the mobile phone. He can borrow anyone’s phone and can contact anybody from Parliament. He is not in the custody once he enters the parliament.
“No fundamental right to attend the parliament. The plea should be rejected on merit,” ASG Rajkumar Bhaskar Thakare submitted.
At this point, Justice Bhambhani said, “He (Petitioner) was allowed to attend the parliament. People in custody are allowed to attend weddings, and perform the cremation ceremony.”
NIA submitted that those reliefs are on humanitarian grounds. What if the accused faces anti-national charges, and makes a statement, once damage is done, it is done.
Senior advocate argued that,”I (Engineer Rashid) am not asking for bail, send me in custody. I’m not asking for interim bail.”
Justice Chandra Dhari Singh said, ” Once he enters parliament, the custody is gone.”
“My custody can be ensured through the speaker,” the senior counsel argued .”Do we have the power to direct the speaker,” the bench asked.
“Yes, my lord, you did this,” senior advocate submitted.
On the other hand, NIA submitted that there are allegations against Rashid of collecting funds for terrorist activities in India. He has no right to attend the parliament.
Justice Bhambhani said, ” You are asking us to ignore the fact that he is an elected representative. There is a provision for going out of jail in custody. What is the conflict, where is it?”
“Please don’t undermine the power of speaker and Lok sabha secretariat to control,” Justice Bhambhani said.
At this point, Justice Chandra Dhari Singh said to counsel for the petitioner, ” 43 D coming in your way, therefore you are not pressing for interim bail or custody parole.”
Justice Bhambhani asked the ASG Thakare if Security officials in plain clothes can be sent to parliament?
The ASG submitted that Special permission from the secretary general of Lok Sabha secretariat will be required to allow one personnel with him.
Engineer Rashid’s plea for custody parole to attend the parliament was rejected by the special NIA court on March 10.
Engineer Rashid’s plea for regular bail was also dismissed on March 21 by the special NIA Court. (ANI)
