[Terror Funding Case] Parliamentarian Status Does Not Grant Exemption From Judicial Custody: NIA Before Delhi HC

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Synopsis

Rashid had approached the High Court, challenging a March 10 order issued by a Patiala House court, which had denied him custody parole to attend the ongoing parliamentary session. The bench of Justice Chandra Dhari Singh and Justice Anup Bhambhani scheduled the matter for March 25, after both counsels sought adjournment. 

The Delhi High Court, on Tuesday, heard the petition of Lok Sabha Member of Parliament (MP) Sheikh Abdul Rashid, commonly known as Engineer Rashid to attend the parliamentary budget session from March 10 to April 4. National Investigation Agency (NIA) vehemently opposed the interim bail plea of Engineer Rashid arguing that he was using his status as parliamentarian to seek exemption from judicial custody.

Responding to the notice that was issued on March 12, the agency argued that legislators and parliamentarians had no statutory right to participate in parliamentary sessions while lawfully detained.  Further, the NIA accused Rashid of engaging in ‘forum shopping’, highlighting that he had already applied for regular bail, which was pending judgment before a special NIA court on March 19. 

The agency asserted that his attempt to secure permission to attend Parliament was merely a means to escape imprisonment after his bail request had been denied. The NIA further stressed that serving his constituency did not constitute a valid justification for granting any form of relief.

Background

Engineer Rashid had won the Baramulla parliamentary seat in the 2024 Lok Sabha elections. However, he had been in judicial custody at Tihar Jail since 2019 after his arrest by the NIA under the UAPA Act in relation to a 2017 terror-funding case.

Rashid's involvement emerged during the investigation of Kashmiri businessman Zahoor Watali, who faced allegations of financing terrorist organizations and separatist activities in Kashmir. Following this, the ED filed a money laundering case based on the NIA's FIR, accusing Rashid and others of conspiring to wage war against the government and inciting unrest in Kashmir.

In September 2024, Engineer Rashid was granted interim bail by the Rouse Avenue Court to campaign in the elections. The Delhi High Court, in an order dated 11 February 2025, granted custody parole to Abdul Rashid Sheikh to attend the previous Parliament budget session.

For Petitioner: Senior Advocate ​​N. Hariharan with Advocates Vikhyat Oberoi, Aditya Wadhwa, Nishita Gupta, Shivam Prakash, Ravi Sharma, Jagriti Pandey, Punya Rekha Angara, Vasundhara N., Sana Singh, Aman Akhtar, Vinayak Gautam and Hasnain Khwaja
For Respondent: Senior Advocate Sidharth Luthra, Special Public Prosecutor Akshai Malik with Advocates Ayush Aggarwal, K. Saleem, K.P. Rustom Khan and Yatharth Sharma
Case Title: Abdul Rashid Sheikh v NIA (CRL.A.-299/2025)
[Inputs: Indian Express]