The National Investigation Agency (NIA) on Monday opposed jailed Jammu and Kashmir MP Sheikh Abdul Rashid’s plea for custody parole or interim bail, asserting that his parliamentary status could not exempt him from the rigors of imprisonment.
NIA’s Arguments
Responding to Rashid’s challenge against a March 10 trial court order denying him permission to attend Lok Sabha proceedings until April 4, the NIA stated:
Rashid faces serious charges under the Unlawful Activities (Prevention) Act (UAPA) and has no enforceable right to attend Parliament while in custody.
He was accused of “forum shopping” and attempting to use his parliamentary status to bypass due legal process.
Legislators in lawful detention do not have a statutory right to attend House sessions.
At the time of filing his Lok Sabha nomination, Rashid was already facing trial under UAPA. His election as MP does not change his legal standing.
He remains a highly influential figure who could influence witnesses in Jammu and Kashmir if granted bail.
Legal Proceedings
Rashid, the Baramulla MP who defeated former J&K CM Omar Abdullah in the 2024 Lok Sabha polls, has been in Tihar Jail since 2019.
He was arrested by the NIA in 2019 over allegations of terror funding for separatist groups in Jammu and Kashmir.
His name surfaced in the 2017 terror-funding case during the interrogation of co-accused businessman Zahoor Watali.
In March 2022, a special NIA court framed charges against Rashid under multiple sections of the Indian Penal Code (IPC) and UAPA, including:
120B (Criminal Conspiracy)
121 (Waging war against the Government of India)
124A (Sedition)
Terrorist Acts & Terror Funding Under UAPA
Court’s Response
The Delhi High Court had earlier sought NIA’s response to Rashid’s plea on March 12. Rashid’s counsel urged the court to permit him custody parole, similar to a previous two-day reprieve.
NIA, however, argued that, summons issued by the President for MPs to attend Parliament are a routine matter, not a special privilege for Rashid.
His interim bail requests have been repeatedly denied, and his appeal does not meet the strict bail conditions under Section 43D(5) of UAPA.
The next hearing on Rashid’s regular bail plea is set for March 19.
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