NIA opposes MP Engineer Rashid’s plea seeking custody parole to attend Parliament

NIA claimed that permitting the Baramulla MP from attending the session while being in custody was not its “sole prerogative”

The National Investigation Agency (NIA) on Friday opposed Jammu and Kashmir parliamentarian Rashid Engineer’s plea for grant of custody parole in a terror funding case, to attend the ongoing budget session, saying that his release will result in security issues in the Parliament.

The court also fixed February 11 as the next date of hearing. (PTI file photo)

The first part of the Budget session, which began on 31 January, is set to conclude on 13 February. The second part of the session will commence on March 10 and conclude on April 4.

Even as a bench of justice Vikas Mahajan in the Delhi high court reserved order in MP’s petition, the probe agency represented by senior advocate Siddharth Luthra and special public prosecutor Akshai Malik, further claimed that permitting the Baramulla MP from attending the session while being in custody was not its “sole prerogative” and was also subjected to the norms of the Parliament and discretion of the Secretary General of the house.

“If a person is sent in custody parole, the issue of security concerns would arise in the Parliament. NIA cannot give consent because his release on custody parole involves third party norms, security issues and concerns, which is beyond my (NIA) domain & is only in the domain of Parliament’s secretary general,” Luthra submitted.

The lawyer asserted that Rashid’s application was generic, bereft of the purpose for which he wished to attend the session, and he did not have a “vested right” to attend the session, despite being a Parliamentarian.

In his plea, Rashid had sought interim bail and alternatively release on custody parole from January 30 to April 4, asserting that his release on interim bail or custody parole would result in his constituency being represented in the Parliament.

On Thursday, the high court had asked NIA’s counsel to seek instructions regarding Rashid’s prayer to be released on custody parole, underlining that he was an elected MP.

During the hearing on Friday, Rashid, appearing through senior advocate N Hariharan and advocate Vikhyat Oberoi, submitted that his release was imperative, since he was elected as an MP of the largest constituency of Jammu and Kashmir, having 40% of Kashmiri population.

The court also fixed February 11 as the next date of hearing in Rashid’s petition against the city court’s December 23 order. This was after the counsel for the Registrar General of the high court submitted that its application seeking clarification regarding designation of a court to consider the MP’s bail application was listed before the Supreme Court on Monday.

Engineer was arrested under the Unlawful Activities (Prevention) Act (UAPA) case in 2019.