Engineer Rashid allowed to take MP oath, court rules Tuesday.
On Monday, the NIA’s counsel stated that Engineer Rashid’s oath-taking should be subject to certain conditions. These conditions include not speaking to the media and refraining from making any public statements that could influence the ongoing investigation. The counsel emphasized that while Rashid has the right to take his oath as an MP, these restrictions are necessary to ensure that the judicial process is not compromised. The court is set to rule on this matter on Tuesday, determining whether Rashid can proceed with taking his oath under these specified conditions.
Rashid, the MP from Baramulla who has been arrested in a 2017 Jammu and Kashmir terror funding case, had moved the court seeking interim bail, or custody parole in the
The NIA’s counsel stated that while they do not object to Rashid taking his oath, it should be subject to specific conditions. These conditions include not speaking to the media and refraining from making any public statements that could influence the ongoing investigation. The counsel emphasized that while Rashid has the right to take his oath as an MP, these restrictions are necessary to ensure that the judicial process is not compromised.
Rashid’s legal team argued that his parliamentary duties necessitate his presence in the legislature and that denying him the opportunity to take his oath would be a violation of his rights as an elected representative. They pointed out that he has been in custody for an extended period and that his participation in parliamentary proceedings is crucial for representing his constituents effectively.
The court’s decision on Tuesday will determine whether Rashid can proceed with taking his oath under the specified conditions. The outcome will also set a precedent for how similar cases are handled in the future, balancing the rights of elected officials with the integrity of ongoing investigations. The legal community and political observers are closely watching the case, as it has significant implications for the intersection of law, politics, and individual rights in India.
Here are the key points regarding the development:
- Consent with Conditions: The NIA’s counsel stated that while they do not object to Rashid taking his oath, it should be subject to specific conditions. These conditions include not speaking to the media and completing the oath-taking process within a day.
- Judicial Decision Pending: Additional Sessions Judge Chander Jit Singh will make a ruling on Rashid’s plea on Tuesday. This decision will determine if Rashid can proceed with taking his oath under the specified conditions laid out by the NIA.
- Ongoing Investigation: Rashid, the MP from Baramulla, was arrested in 2019 in connection with a 2017 Jammu and Kashmir terror funding case. He has been charged under the Unlawful Activities (Prevention) Act (UAPA) for his alleged involvement in terror funding activities.
- Detention: Rashid is currently lodged in Tihar jail and has been in custody since 2019. His prolonged detention has raised questions about his ability to fulfill his duties as an elected representative.
- Legal Plea: Rashid moved the court seeking interim bail, or in the alternative, custody parole to take his oath and perform his parliamentary functions. His legal team argued that his parliamentary duties necessitate his presence in the legislature and that denying him the opportunity to take his oath would violate his rights as an elected representative.
- Previous Adjournment: A special court on June 22 had adjourned the matter and asked the NIA to file its response. This response was provided on Monday, allowing the court to proceed with making a decision on Rashid’s plea.
- NIA’s Position: The NIA’s counsel emphasized the necessity of the conditions to ensure the integrity of the ongoing investigation. They argued that while Rashid has the right to take his oath, his activities must be restricted to prevent any influence on the judicial process.
- Parliamentary Functions: Rashid’s legal team highlighted the importance of his participation in parliamentary proceedings. They stressed that his presence is crucial for representing his constituents effectively and fulfilling his duties as an elected MP.
- Wider Implications: The court’s decision on Tuesday is being closely watched by the legal community and political observers. It will set a precedent for how similar cases are handled in the future, balancing the rights of elected officials with the integrity of ongoing investigations.
The outcome of this case has significant implications for the intersection of law, politics, and individual rights in India. The decision will determine whether Engineer Rashid can proceed with taking his oath as an MP and how his participation in parliamentary functions will be managed given his current detention.