New Delhi, March 25, 2025 – The Delhi High Court on Tuesday reserved its order on a plea filed by Baramulla MP Abdul Rashid Sheikh, popularly known as Engineer Rashid, seeking permission to attend the ongoing Parliament session while in custody.
A division bench comprising Justices Chandra Dhari Singh and Anup Jairam Bhambhani reserved its decision after hearing arguments from both Rashid’s legal counsel and the National Investigation Agency (NIA). “We will pass an order,” the bench stated.
Legal Arguments and Counterarguments
Senior advocate N. Hariharan and advocate Vikhyat Oberoi, appearing for Rashid, argued that he was merely seeking permission to attend the parliamentary session while remaining in custody. They pointed out that a single-judge bench had previously granted him custody parole.
However, the NIA opposed the plea, citing serious charges against Rashid, including allegations of collecting funds for terrorist activities in India. The agency contended that granting him permission to attend Parliament would pose security risks. “Once he enters Parliament, court-imposed conditions would not apply. What if he makes a speech there?” the NIA questioned.
Rashid’s counsel countered by highlighting that he had been permitted to campaign for elections and take the parliamentary oath despite facing similar charges. “My client’s allegiance to this country is beyond doubt. He was granted interim bail for campaigning, and it was not opposed at the time,” his counsel argued.
The NIA further argued that Rashid had violated jail rules by possessing a mobile phone and could potentially contact unauthorized individuals from within Parliament. Additional Solicitor General (ASG) Rajkumar Bhaskar Thakare submitted, “There is no fundamental right to attend Parliament while in custody. The plea should be rejected on merit.”
Judicial Observations
During the proceedings, Justice Bhambhani remarked, “He was allowed to attend Parliament. People in custody are permitted to attend weddings and perform last rites.” The NIA responded that such exceptions are granted on humanitarian grounds and do not apply in this context, especially given the nature of the charges against Rashid.
Rashid’s counsel reiterated that he was not seeking bail but was willing to attend Parliament under custodial supervision. However, the bench raised concerns over the enforceability of custody within Parliament. “Once he enters Parliament, custody is effectively lost,” Justice Chandra Dhari Singh observed.
The court also discussed the possibility of deploying security officials in plain clothes to accompany Rashid if permission were granted. The ASG stated that special permission from the Secretary-General of the Lok Sabha Secretariat would be required to allow security personnel inside Parliament with him.
Previous Legal Rulings
Engineer Rashid’s plea for custody parole to attend Parliament had been previously rejected by the Special NIA Court on March 10. Additionally, his regular bail application was dismissed on March 21 by the same court.
As the legal battle continues, the Delhi High Court’s impending decision will have significant implications on the extent to which an elected representative can exercise parliamentary privileges while in custody.
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