The Delhi High Court has granted permission to Engineer Rashid, an independent Member of Parliament (MP) from Jammu and Kashmir, to attend Parliament sessions while remaining in judicial custody.
The Court’s ruling marks a significant development in Rashid’s legal battle, as he has been in jail for an extended period in connection with a case under the Unlawful Activities (Prevention) Act (UAPA).
Court’s Decision
A bench of Justice Chandra Dhari Singh and Anup Bhambhani ruled that being in judicial custody does not strip an elected representative of their constitutional right to participate in legislative proceedings. The Court emphasized that Rashid’s mandate from the people must be respected, and he should be allowed to fulfill his parliamentary responsibilities while under legal restrictions.
Court directed the authorities to:
- Facilitate Rashid’s travel from jail to Parliament for attending sessions.
- Ensure adequate security measures during his presence in the House.
- Return him to custody after proceedings each day.
Case Background
Engineer Rashid was arrested in 2019 in connection with a case under the UAPA, which deals with offenses related to terrorism and national security. Despite being in jail, he contested the 2024 Lok Sabha elections and won as an independent candidate from Jammu and Kashmir.
Following his victory, Rashid’s legal team moved the Delhi High Court, arguing that:
An MP has a fundamental duty to represent their constituents in Parliament.
Judicial custody should not become a barrier to fulfilling parliamentary obligations.
Other parliamentarians in custody have been allowed similar access in the past.
The Court took note of these arguments and ruled in Rashid’s favor, allowing him to attend sessions under strict supervision.
Significance Of The Verdict
The decision raises important legal and political questions regarding:
The rights of elected representatives under judicial custody.
The balance between security concerns and democratic responsibilities.
Precedents for similar cases in Indian political history.
The ruling is expected to spark discussions in legal and political circles, as it highlights the interplay between law, democracy, and governance. Rashid’s case is still ongoing, and his final legal fate remains uncertain. However, for now, he will be able to attend Parliament and represent his constituency, ensuring that his voters’ voices are heard in the country’s highest legislative body.
The next hearing in Rashid’s main case is scheduled for later this year.
Read More: Supreme Court, Delhi High Court, States High Court, International
