The Baramulla MP is presently detained in Tihar jail as a suspect in a case involving the sponsorship of terrorism.
Engineer Rashid, also known as Abdul Rashid Sheikh, a detained Member of Parliament (MP) from Baramulla, has been granted permission by a Delhi court to vote in the impending vice presidential election while in captivity on September 9.
On September 4, the Patiala House Court's Additional Sessions Judge (ASJ), Chander Jit Singh, issued an order enabling Rashid to vote in the election of the country's next vice president (VP).
This came after Rashid filed a request for guidance on permitting an in-custody visit to the parliament in order to cast his ballot.
As a defendant in a case involving the sponsorship of terrorism under the Unlawful Activities (Prevention) Act (UAPA), Rashid is presently detained at Tihar Jail. In 2019, he was taken into custody.
In the 2024 Lok Sabha elections, he defeated incumbent Jammu and Kashmir Chief Minister Omar Abdullah by more over two lakh votes to win the Baramulla seat.
The National Investigation Agency (NIA) did not object to his request for permission to visit parliament to cast a vote for vice president.
The NIA argued, however, that Rashid should cover the cost of the trip and any related preparations.
The Court pointed out that Rashid had previously been permitted to participate in the parliament session and take an oath. It was observed that during these times, he did not break any rules that were put in place.
In light of the NIA's lack of objection, the fact that no condition has been reported to have been broken in the past, and the fact that the accused is a member of Parliament with the ability to vote in the election, the Court ordered that the accused be taken into custody and taken to Parliament on September 9, 2025, for the sole purpose of voting in the next election for the Vice President of India.
Additionally, the Court ordered that Rashid be allowed to attend the parliament on the specified day. The Delhi High Court had already given him these orders while permitting him to attend the budget session of parliament.
Rashid was ordered by the court to avoid interacting with anyone in the parliament other than while he was on Lok Sabha House property and performing his duties as an MP.
Rashid was also prohibited from using a cell phone or any other communication device by the court. According to the court's ruling, he will not be allowed to use the internet in any way and will not interact with or speak to the print or electronic media either within or outside the parliament.
The Jail Superintendent was ordered by the court to transport Rashid "in custody" from the prison to the parliament , while being escorted by plainclothes officers.
He would be turned over to parliament security and marshals at the parliament, who will let him to participate in Lok Sabha sessions.
According to jail regulations, he will be returned and admitted to prison at the end of the procedures, even if it is after official hours.
In order to preserve Rashid's judicial custody, the Court asked the Secretary General of the Lok Sabha to make sure that certain requirements are met.
"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 wrote.
The Court further declared that the Delhi High Court's rulings, which are still pending, will govern the imposition of travel charges and fees related to Rashid's attendance to parliament.
The court ordered Rashid to provide an undertaking that he would pay the costs of attending parliament later if the High Court's rulings required him to do so personally.
Vikhyat Oberoi, an advocate, represented Rashid.
Public Prosecutor Ankit Gautam, Special Public Prosecutor Gautam Khazanchi, and Aditi Kukreja represented NIA.
Rashid had previously requested bail in a trial court, but the court recently denied the request.
The High Court had already permitted Rashid to attend the budget session. Additionally, he petitioned the parliament to attend this year's monsoon session, but no order was issued.
This website is all about sharing knowledge and updating everything about Law.
