In a significant judicial development, the Patiala House Court in Delhi has granted permission to Baramulla Member of Parliament Engineer Rashid to attend the upcoming budget session of Parliament. The decision comes with specific conditions and clarifications regarding travel expenses, maintaining the legal framework established in earlier proceedings.
Court Grants Conditional Permission for Parliamentary Attendance
Additional Sessions Judge Prashant Sharma delivered the ruling on Saturday, allowing Engineer Rashid to participate in parliamentary proceedings during the budget session scheduled to commence on January 28, 2026. The permission is granted subject to the same conditions imposed by the court in previous orders, ensuring continuity in the judicial arrangement.
Advocate Vikhyat Oberoi, representing Engineer Rashid, confirmed that his client would attend the parliamentary sessions while remaining in custody. This arrangement balances the MP's constitutional duties with the requirements of ongoing judicial proceedings.
Travel Expenses Subject to High Court Appeal Outcome
The court provided a crucial clarification regarding financial aspects of the permission. Judge Sharma explicitly stated that the question of travel costs and related expenses would remain contingent upon the final outcome of an appeal currently pending before the Delhi High Court. This ensures that the trial court does not pre-empt the higher court's decision on ancillary matters.
This clarification addresses concerns raised during arguments, where both defense and prosecution acknowledged that expense-related issues were already under consideration at the appellate level.
Court Upholds Earlier Judicial Arrangement
After considering submissions from both sides, the court observed that the previous judicial arrangement permitting Engineer Rashid to attend parliamentary proceedings had been established after due application of mind and continued to remain valid. The court found no justification to deny permission for the upcoming budget session, particularly since the relief sought was confined to the same terms and conditions already in place.
The defense team, comprising advocates Vikhyat Oberoi, Nishita Gupta, Shivam Prakash, and Ravi Sharma, argued that attending Parliament represented a constitutional obligation rather than personal convenience. They emphasized that Engineer Rashid had complied with all earlier court directions and that sufficient safeguards existed to prevent any misuse of liberty.
Background of the Case and Legal Proceedings
Engineer Rashid, an elected legislator from Baramulla, is currently facing criminal proceedings and has been in judicial custody since 2019. He was arrested under the Unlawful Activities (Prevention) Act in connection with an NIA case originally lodged in 2017 against Lashkar-e-Toiba founder Hafiz Saeed and other secessionist leaders.
A special NIA court in Delhi framed charges against Engineer Rashid in March 2022. Throughout his custody, he has approached the trial court multiple times seeking temporary permission to attend parliamentary sessions to discharge his constitutional and legislative responsibilities.
Previous court orders had granted limited relief for parliamentary participation while imposing strict conditions to ensure that ongoing criminal proceedings were not prejudiced and that security and procedural safeguards remained intact.
Arguments Presented Before the Court
The defense counsel highlighted several key points during arguments:
- Attending the budget session constitutes a constitutional obligation flowing from Engineer Rashid's position as an elected representative
- The court had previously found it appropriate to grant similar permission, with no change in circumstances warranting a different approach
- Engineer Rashid had demonstrated compliance with all earlier court directions
- Existing safeguards were adequate to prevent any potential misuse of liberty
The prosecution, while opposing blanket relaxation, urged the court to ensure any permission remained strictly within the framework of earlier orders. They pointed to the pending appeal before the Delhi High Court regarding ancillary aspects of the permission, including expenses, arguing that the trial court should not pre-empt that adjudication.
Implications and Next Steps
With the budget session beginning on January 28, 2026, this ruling enables Engineer Rashid to participate in crucial parliamentary proceedings while the legal process continues. The court's decision maintains the delicate balance between an elected representative's constitutional duties and the requirements of judicial custody in serious criminal cases.
The matter of travel expenses will now await determination by the Delhi High Court, ensuring proper judicial hierarchy is maintained while addressing practical considerations of parliamentary participation from custody.
