Delhi HC allows jailed J&K MP to attend Parl in custody

New Delhi, Mar 27: The Delhi High Court has allowed Jammu and Kashmir MP Abdul Rashid Sheikh, alias Engineer Rashid, arrested in a terror funding case, to attend the ongoing Parliament session “in-custody” and rejected NIA’s apprehension that he was a flight risk.

A bench of Justices Chandra Dhari Singh and Anup Jairam Bhambhani directed the director general (prisons) that Rashid would be escorted by plain clothed policemen from prison to Parliament on days of the Lok Sabha session between March 26 and April 4.

The Baramulla MP, the bench said, would be handed over to the custody of the Parliament security or marshals, who would allow him to attend the proceedings and he could avail other facilities and amenities there.

“While out to attend the Parliament session, the appellant (Rashid) shall not be entitled to use any cellular or landline phone or other communication device; nor shall he be entitled to have access to the internet by any mode,” the bench’s March 25 order said.

Rashid, who was represented by senior advocate N Hariharan and advocate Vikhyat Oberoi, was directed not to interact with anyone out of jail, except within the Parliament precincts.

He should not engage with or address the media in any manner, the court said, including his pending criminal case.

The bench asked Rashid to bear the expenses for the to-and-fro travel and other arrangements.

Rashid, who is facing trial under the Unlawful Activities (Prevention) Act (UAPA) in a 2017 terror funding case, had challenged a March 10 trial court order refusing him custody parole or interim bail to attend Lok Sabha proceedings till April 4.

In the high court, he gave up his plea for interim bail or custody parole and sought to attend the Parliament sessions “in-custody”.

The NIA opposed the plea saying by allowing him to attend Parliament, would enable him a platform to air his opinions which he could misuse.

The high court, however, said the control of parliamentary proceedings was within the remit of the Lok Sabha speaker and it had no doubt that the proceedings would be conducted with requisite discipline.

“This court is confident that subject to the conditions that the court proposes to impose by this order, the state machinery would be able to ensure the integrity of the appellant’s custody, so that he remains available to face trial,” the bench said.

The bench said NIA’s apprehension that once Rashid was within the precincts of Parliament, and inside the house, he would cease to be “in-custody” of the court, was “without basis”.

“The appellant would only temporarily be handed over to the Parliament security detail and that too for the limited purpose of performing his duties as a MP of his constituency. Furthermore, the NIA‟s submission that the appellant, who is an elected MP, would be a flight-risk within the precincts of Parliament, is to be heard only to be rejected,” it said.

The court urged the secretary general of the Lok Sabha to ensure compliance of the conditions according to parliamentary rules, to ensure that Rashid’s judicial custody was not compromised.

The bench said though there was no doubt Rashid was accused in a serious case of UAPA and had been in judicial custody since his arrest on August 9, 2019, as an MP he owed “to the people of his constituency the duty and responsibility to represent them in Parliament”. (PTI)

Hot this week

Pay hike of Assam ministers, MLAs likely as 3-member panel submits report

Full report likely by Oct 30 Guwahati Sept 25: There...

Meghalaya Biological Park Inaugurated After 25 Years: A New Chapter in Conservation and Education

Shillong, Nov 28: Though it took nearly 25 years...

Meghalaya man missing in Bangkok

Shillong, Jan 10: A 57-year-old Meghalaya resident, Mr. Treactchell...

ANSAM rejects Kuki’s separate administration demand, says bifurcation not acceptable

Guwahati, Sept 8: Rejecting the separate administration demand of...

Meghalaya’s historic fiber paves the way for eco-friendly products and sustainable livelihoods

By Roopak Goswami Shillong, Oct 25: From making earbuds to...

2 dead, 20 feared swept away in Kangra as cloudbursts, flash floods and heavy rain batter HP

Shimla/Dharamshala, June 25: Two persons died while about 20...

Pistol, ammo recovered from stream, cash found in car  

Honeymoon murder: Breakthrough in Indore by Meghalaya police   Shillong, June...

Govt assures safety of border residents  

Formal announcement on ‘resolved areas’ on August 15: Paul   Shillong,...

Tension erupts along Meghalaya-Assam border

Mob of 400 destroys ‘illegal’ plantation at Tahpat, sets...

ONGC advances well control at RDS site amid flood, safety hurdles

Guwahati, June 25: The Oil and Natural Gas Corporation...

Landslide disrupts Lumding–Badarpur rail line, restoration may take a week

Guwahati, June 25: Rail connectivity on the Lumding–Badarpur section...

CM thanks Modi for recognising Ryndia  

Ryndia reflects global commitment to sustainability and social responsibility:...

Border clash erupts at Assam-Meghalaya disputed zone, one injured in fresh tensions

Guwahati, June 25: Tensions flared again along the disputed...
spot_img

Related Articles

Popular Categories

spot_imgspot_img