Engineer Rashid can’t be allowed to use legislator status for reprieve: NIA to Delhi HC

New Delhi, Mar 17: The National Investigation Agency (NIA) on Monday said jailed Jammu and Kashmir MP Sheikh Abdul Rashid alias Engineer Rashid couldn't be allowed to use his status to "get away from the rigours of imprisonment".

The NIA's response in the Delhi High Court came on Rashid's plea against a March 10 trial court order refusing him custody parole or interim bail to attend Lok Sabha proceedings till April 4.

The Baramulla MP, the probe agency said, faced serious charges under the anti-terror law Unlawful Activities (Prevention) Act (UAPA).

The NIA argued Rashid could neither be granted an interim bail nor allowed custody parole for he had no enforceable right to attend Parliament sessions while in lawful custody.

Accusing him of "forum shopping" and abusing the process of the law, the agency said there was no valid ground to grant him relief given his "vague averments" relating to his intention to "serve the constituency".

"The fact that merely the appellant is a Parliamentarian does not entitle him to claim any exception from the fact of being in judicial custody. The law is well settled that the legislators/parliamentarians have no statutory right to participate in the session of the house so long as they are under lawful detention," it said.

The NIA said at the time of filing nominations for Lok Sabha elections, charges were framed against Rashid in the case by a special court and the trial was underway.

The accused, the NIA said, was aware of being in judicial custody for serious offences punishable under the UAPA and his election as an MP of Lok Sabha, as a result, made no difference.

It cannot be used as a tool for getting interim bail under the garb of providing services to the people of his constituency, it added.