Court reserves order on MP Rashid’s plea for custody parole

The Delhi High Court on Friday reserved its order on a plea of jailed MP Rashid Engineer, facing trial in a terror funding case, seeking custody parole to attend the ongoing Parliament session. Justice Vikas Mahajan heard the counsel appearing for the Baramulla MP and the National Investigation Agency (NIA) and reserved the verdict.

The NIA counsel opposed the grant of custody parole, saying Rashid had no vested right to attend Parliament. He further argued that Rashid did not show any “specific purpose” while seeking the relief and there were security concerns, falling within the domain of the Parliament authorities.

Custody parole entails a prisoner being escorted by armed police personnel to the place of visit.

Justice Mahajan said though there might not be a vested right to attend the session, the court could exercise its discretion.

The agency’s lawyer distinguished the present circumstances from cases where custody parole was granted for marriage or bereavement, and said here norms of a sovereign third party, i.e., Parliament, were involved.

“He has to be accompanied by armed personnel. How can you have armed personnel enter Parliament? Nobody with arms can enter. My objection has no meaning. He is subject to the norms of a different body,” argued senior advocate Sidharth Luthra.

“There are security issues beyond NIA’s domain. Custody parole is not a vested right of a parliamentarian,” he added.

Rashid’s counsel, senior advocate N Hariharan, said his client ought to be allowed to attend the session as his constituency was not being represented during the budget session when the funds allocated to his state had gone down by Rs 1,000 crore.

Referring to MP Pappu Yadav’s case, Hariharan said “necessary arrangements” could be made by the ministry of home affairs.

“I represent the largest constituency of J&K. Don’t prevent the representation when the process of inclusion has started... Don’t stifle the voice of the constituency,” he argued.

Saying Rashid was earlier given the reprieve to campaign for the Lok Sabha polls and take the oath, Hariharan asked how could he be a security threat now in Parliament or influence witnesses.

Luthra, however, said there was no “purpose” left in letting Rashid attend the session at this stage and his earlier plea to attend the previous Parliament session was also rejected.

“What is the purpose today? Budget was presented. He had to go for the debate. Debate is partly going on. Has he done anything…except he is sitting on hunger strike and has been sent to RML,” said Luthra.