Engineer Rashid gets court nod to vote in Vice Presidential election

A Delhi court has permitted jailed Baramulla MP Abdul Rashid Sheikh, popularly known as Engineer Rashid, to visit the Parliament in custody on September 9 to cast his vote in the Vice Presidential election. The order was passed on September 4 by Additional Sessions Judge Chander Jit Singh of the Patiala House Court.

Rashid, who is lodged in Tihar Jail in connection with a terror funding case under the Unlawful Activities (Prevention) Act, had moved an application seeking permission to exercise his right as a Member of Parliament. He was arrested in 2019. Rashid had defeated Jammu and Kashmir Chief Minister Omar Abdullah in the 2024 Lok Sabha election from Baramulla by a margin of over two lakh votes.

His request to attend the Parliament for voting was not opposed by the National Investigation Agency (NIA), although the agency insisted that the MP should bear the expenses of his travel and related arrangements. The court noted that Rashid had earlier been allowed to take the oath and participate in a parliamentary session, during which he did not breach any conditions.

“Thus, having regard to the no objection on behalf of NIA, coupled with the fact that there has not been any report of violation of any condition on earlier occasions, and the fact that the accused, being an MP, 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 the Parliament on September 9 for the limited purpose of casting his vote in the upcoming election for the Vice President of India,” the court directed.

The court also issued detailed restrictions for the visit. Rashid has been barred from interacting with anyone other than in relation to his duties as an MP and from using mobile phones, the internet, or engaging with the media inside or outside the Parliament. During his time in Parliament, Rashid will remain in the custody of the security marshals, who will hand him back to the jail authorities once the proceedings are over, even if it is beyond official prison hours.

The Secretary General of the Lok Sabha has been asked 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 question of costs, the judge said the issue of whether Rashid must bear the expenses for travel and security arrangements is pending before the Delhi High Court. Rashid has been directed to give an undertaking that he would reimburse such costs if the high court so orders.