Denying an Elected MP the Right to Represent: A Dangerous Precedent

OPINION:The National Investigation Agency’s (NIA) opposition to jailed Jammu and Kashmir MP Engineer Rashid’s plea for interim bail to attend Parliament raises serious questions about the intersection of justice, democracy, and political rights in India.


Regardless of the charges against him, Rashid remains an elected Member of Parliament—a representative chosen by the people. Denying him the opportunity to participate in the Budget Session, the most crucial legislative period, undermines the democratic mandate given to him by his constituents. 

The principle of innocent until proven guilty must apply uniformly, and unless convicted, an elected leader should not be arbitrarily stripped of their right to perform their legislative duties.


The government has, in the past, allowed politicians accused of serious crimes to attend Parliament. Rashid’s case should be no different, unless the authorities are willing to admit that justice is selectively applied. 

If a sitting MP’s voice is silenced despite due legal avenues being available, it sets a dangerous precedent where the state can effectively neutralize political opponents through prolonged incarceration without trial.


This issue goes beyond Rashid. It is about the larger question of political suppression in conflict-ridden regions like Jammu and Kashmir. If an MP from the region is denied the right to speak in the nation’s highest democratic forum, what message does it send to the people of Kashmir and the rest of India? Does it not reinforce the very alienation that the government claims to be combating?


The Delhi High Court’s decision on February 4 will not just determine Rashid’s fate but will also be a test of India’s commitment to democratic values. If democracy means anything, an elected representative must be allowed to represent.


News desk

The Kashmir Graph

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