SRINAGAR: After securing a Lok Sabha seat from Baramulla last year, Awami Etihad Party (AIP) leader Abdul Rashid Sheikh, popularly known as Engineer Rashid, participated in the lower house proceedings for the first time on Tuesday.
Confirming his presence in Parliament, Sheikh Khursheed, an MLA from Langate and Rashidโs younger brother, stated that this was his maiden attendance since his election.
โHe was transported from Tihar Jail under custody this morning to be present at the Lok Sabha session,โ Khursheed said.
Before heading to Parliament, Engineer Rashid was taken to RML Hospital under tight security for a routine health examination on Tuesday morning.
The Delhi High Court had granted him a two-day custody parole to attend the ongoing Budget Session of Parliament. Rashid has been in judicial custody since 2019 over a case linked to alleged terror funding.
His bail application remains unresolved due to jurisdictional complications. Meanwhile, the Delhi High Court has scheduled a hearing on February 24 regarding Rashidโs plea, which challenges the absence of a proper forum to address his bail petition.
During Tuesdayโs hearing, Justice Vikas Mahajan deferred proceedings after being informed that the Supreme Court had clarified that the NIA court handling Rashidโs case has the authority to hear his bail plea.
Rashid had previously argued that after his Lok Sabha election victory in 2024, the NIA court dealing with his case left him in legal uncertainty, as it was not designated as a special MP/MLA court.
As an interim measure, Rashid was permitted two days of custody parole on February 11 and 13 to participate in parliamentary discussions.
In light of the Supreme Courtโs recent clarification, Justice Mahajan suggested Rashidโs legal team approach the NIA court directly for bail. However, Rashidโs counsel requested a week-long adjournment for further deliberation.
The High Court, while postponing the matter, directed its administrative representative to submit an official order on the jurisdiction of the court designated to handle Rashidโs case, following the Supreme Courtโs verdict.
The Baramulla MP faces trial in a terror funding case, with allegations that he financed separatist groups and terrorist organizations in Jammu and Kashmir.
After securing a parliamentary seat from Baramulla in the 2024 general elections, Rashid remains imprisoned in Tihar Jail, having been arrested by the National Investigation Agency (NIA) in 2019 under the Unlawful Activities (Prevention) Act (UAPA) in connection with a 2017 terror-funding probe.
Earlier, the Delhi High Court registrar general had approached the Supreme Court regarding the appropriate jurisdiction for Rashidโs bail plea. The clarification was sought because a 2016 Supreme Court ruling mandated that only special MP/MLA courts could handle cases involving legislators.
In his petition, Rashid urged the Delhi High Court to either instruct the NIA court to expedite his bail hearing or take up the matter itself.
On December 24, 2023, Additional Sessions Judge Chander Jit Singh, who had previously requested the district judge to shift Rashidโs case to a designated court for lawmakers, declined to issue a ruling on his pending bail plea in the NIA case.
With the matter referred back to him, the trial judge asserted that he could only rule on procedural matters and not decide on Rashidโs bail plea, further prolonging the legal uncertainty surrounding the case.
