NIA opposes Baramulla MP Rashid’s bail plea

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In its submission before the Delhi High Court, the NIA argued that Rashid cannot exploit his status as an elected representative to circumvent the stringent conditions of judicial custody.

Rashid has been in Tihar Jail since 2019 following his arrest by the NIA in a 2017 terror-funding case.

The investigation, which stemmed from the interrogation of businessman Zahoor Watali, led to charges against Rashid and others under several sections of the Indian Penal Code (IPC), including criminal conspiracy (120B), waging war against the government (121), and sedition (124A), along with UAPA provisions for terrorism-related offenses.

The NIA, responding to Rashid’s appeal against a March 10 trial court ruling that denied him interim bail or custody parole to attend Lok Sabha proceedings, stated that he neither had a fundamental right nor a legally enforceable privilege to attend parliamentary sessions while in custody.

Labeling Rashid’s plea as an instance of "forum shopping" and a misuse of legal procedures, the agency's submission reiterated that the law is clear-- lawmakers have no statutory right to legislative participation while under lawful detention.

The NIA pointed out that Rashid was already facing trial when he filed his nomination for the 2024 Lok Sabha elections. The framing of charges by a special court was a clear indication of the seriousness of the allegations.

His electoral victory, the agency asserted, did not override his judicial custody nor justify special concessions.