The Patiala House Court on Monday denied the plea of Jammu and Kashmir MP Rashid Engineer seeking custody parole to attend the ongoing Parliament session from March 10 to April 4.
Defense Arguments For Custody Parole
Advocates Vikhyat Oberoi and Nishita Gupta, representing Rashid Engineer, argued that he posed no security threat and had been granted custody parole earlier. They highlighted that Engineer was previously allowed to campaign in Kashmir, which is in close proximity to Pakistan, without security concerns.
The defense further stated that in the last Parliament session, Engineer was granted custody parole for two days on February 11 and 13. His lawyers insisted that allowing him to attend under security escort would not create any issues.
“How can Rashid Engineer be a threat in New Delhi when he was not one in Kashmir?” the counsel questioned. They emphasized that he represents 45% of Kashmir’s population and has a duty to attend Parliament.
NIA’s Opposition & Court’s Decision
The National Investigation Agency (NIA) strongly opposed the plea, arguing that Engineer has no statutory right to attend Parliament while in detention.
Advocate Gautam Khazanchi, special counsel for the NIA, cited the Suresh Kalmadi case to assert that a detained individual cannot demand custody parole as a right. He also raised concerns about misuse of phone privileges during previous paroles.
“It can’t be said that he has a right to interim bail just because he was granted relief earlier,” Khazanchi argued, emphasizing that security arrangements were beyond the NIA’s control and parole should not be granted.
In response, Engineer’s legal team contended that while detainees cannot vote, they retain the right to contest elections and attend Parliament unless disqualified.
Despite the arguments, Special Judge (NIA) Chander Jit Singh rejected the plea.
Rashid Engineer has been in judicial custody since 2019 following his arrest in a terror funding case. His regular bail application is still pending before the special NIA court at Patiala House, which has directed his counsel to submit written arguments.
Meanwhile, Engineer has also filed a fresh application through Advocate Vikhyat Oberoi, seeking either interim bail or custody parole to attend the upcoming Parliament session. The court’s ruling on this request remains awaited.
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