In a notable ruling on Saturday, a special court in New Delhi granted permission to Engineer Abdul Rashid, a sitting Member of Parliament from Jammu and Kashmir, to participate in the upcoming Vice Presidential election. Rashid, who is currently lodged in Tihar Jail on charges under the Unlawful Activities (Prevention) Act (UAPA), had petitioned the court to allow him to exercise his right as an elected representative. The court's order mandates that he will be produced in Parliament under strict security on September 9 to cast his vote.
Engineer Rashid, a prominent political figure from North Kashmir, was arrested by the National Investigation Agency (NIA) in 2019. He is facing charges in an alleged terror funding case, with the NIA claiming his name surfaced during an investigation into a co-accused businessman. He has been in judicial custody ever since.
The court's decision was a response to his plea, which highlighted the constitutional right of an MP to participate in the Vice Presidential election, a process that requires in-person voting. The National Investigation Agency raised no objection to his request for temporary release to vote. The court's order also included a condition for him to pay for the travel and security expenses, though this is currently subject to a separate legal appeal.
This is not the first time Rashid has been granted temporary release from custody for parliamentary duties. He was previously permitted to attend the recent Monsoon Session of Parliament. His victory in the Lok Sabha election from the Baramulla constituency, where he defeated a former chief minister, surprised many and underscored the public's continued support for him despite his incarceration.
Legal observers view the ruling as a significant demonstration of the judiciary balancing an individual's constitutional rights against the backdrop of serious criminal charges. The court's move to facilitate his vote acknowledges his role as a democratically elected official while the legal proceedings against him continue.
The participation of Engineer Rashid in the Vice Presidential election ensures that his constituency is not disenfranchised in this critical democratic process. The decision reaffirms the principle that even those facing grave accusations retain their rights and duties as elected representatives until a final judgment is delivered.
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