Court allows jailed MP Rashid to vote in V-P election on Sept 9

A Delhi court on Saturday permitted jailed Baramulla MP Sheikh Abdul Rashid, popularly known as Engineer Rashid, to visit Parliament in custody on September 9 to cast his vote in the Vice-Presidential election.

The order, passed on September 4 by Additional Sessions Judge Chander Jit Singh of the Patiala House Court, came on Rashid’s application seeking permission to exercise his right as an MP. Rashid, arrested in 2019 in a terror-funding case under the Unlawful Activities (Prevention) Act, is currently lodged in Tihar Jail.

The Baramulla MP had defeated Jammu and Kashmir Chief Minister Omar Abdullah in the 2024 Lok Sabha polls by over 2 lakh votes.

The National Investigation Agency (NIA) did not oppose his plea, but sought that Rashid bear the cost of travel and related arrangements. The court also noted that he had earlier been permitted to take oath and attend a parliamentary session, during which he did not breach any conditions.

“Thus, having regard to the no-objection on behalf of the NIA, coupled with the fact that there has not been any report of violation of conditions on earlier occasions, and considering that the accused, being a Member of Parliament, has a right to cast his vote in the said election, the applicant/accused is granted permission and is directed to be taken in custody to Parliament on September 9 for the limited purpose of casting his vote in the upcoming election for the Vice-President,” the court said.

The court also issued detailed restrictions for the visit. Rashid has been barred from interacting with anyone except in connection with his duties as an MP, and from using mobile phones, the Internet, or engaging with the media inside or outside Parliament.

During his time in Parliament, Rashid will remain in the custody of security marshals, who will hand him back to jail authorities once proceedings conclude, even if that is beyond official prison hours. The Secretary General of the Lok Sabha has been directed to ensure compliance so that his judicial custody is not compromised.

“Any steps taken by the Secretary General of the Lok Sabha would be consistent with the intent and purpose of the present order, which is to allow the appellant to participate in parliamentary proceedings of the Lok Sabha for the given dates,” the court noted.

On the issue of costs, the judge observed that the question of whether Rashid must bear expenses for travel and security arrangements is pending before the Delhi High Court. Rashid has been directed to submit an undertaking that he will reimburse such costs if the High Court so orders.