Suhail Khan
BARAMULLA, June 05: Following the comfortable victory of jailed leader Abdul Rashid Sheikh, also known as Er Rashid, in the 2024 Lok Sabha Elections from the Baramulla Parliamentary Constituency, with a significant margin of over 2 lakh votes, the question arises: What are the implications and next steps regarding his release from jail?
Legal Process for Er Rashid’s Release
Kashmir Despatch consulted several lawyers to gain insight into the legal process related to Er Rashid’s imprisonment and the possibility of his release. They emphasized that winning the election has no direct legal bearing on his release. However, to attend the oath ceremony, he would require an interim bail from the trial court.
Advocate Sunil Fernandes, Senior Advocate Supreme Court of India, told Kashmir Despatch that Er Rashid can approach the special court, in this case the NIA court that can grant him interim bail to the undertrial.
“He can avail that legal recourse for attending the oath ceremony and later he can apply for the regular bail. In both cases, it depends on the stand to be taken by the NIA before the court as per the Prevention of Money Laundering Act,” he informed.
Advocate Fernandes said that the regular bail can be granted by the NIA court only if the petitioner can satisfy the judge that prima facie he had not taken the proceeds of the crime, which seems to be very difficult for the petitioner to prove at this point of time.
Advocate Syed Fasil Qadri, Sr Advocate J&K High Court told Kashmir Despatch that Er Rashid can approach the NIA court for bail. If granted, he would be permitted to attend the parliament for an oath ceremony.
Advocate Sameer, another lawyer at a local court, observed that Er Rashid’s imprisonment is a separate matter from his election victory. He is supposed to complete the necessary legal formalities before attending parliament. Unless granted bail by the NIA court, or proven not guilty, he cannot be released.
Sameer also noted that if Er Rashid fails to join parliament within 60 days of the oath ceremony due to his imprisonment, his seat would become vacant. Additionally, if he remains jailed for two years, he could be disqualified.
Er Rashid’s Imprisonment and Charges
Engineer Rashid has been imprisoned in Tihar jail since August 9, 2019, on charges of terror financing.
Rules for Imprisoned MP
To attend Parliament, imprisoned MP must seek permission from authorities to be escorted for the oath-taking ceremony. After taking the oath, he is obliged to return to prison.
Subsequently, he must notify the Speaker of his inability to attend House proceedings. The Speaker will then consult the House Committee on Absence of Member. The committee will recommend whether the MP should be granted leave from parliamentary sessions. This recommendation is then put to vote by the Speaker.
Pertinently, the Union Territory of Jammu and Kashmir held its first general elections after the abrogation of Article 370 on August 5, 2019. Er Rashid secured a total of 472,481 votes, defeating political heavyweights such as Omar Abdullah of the JKNC, Sajad Gani Lone of the JKPC, and Mir Fayaz of the PDP by a wide margin of 204,142 votes.
