Delhi High Court Reserves Verdict In Jailed MP Engineer Rashid's Plea Against ₹4Lakh Costs To Attend Parliament

The Delhi High Court on Monday reserved verdict in the plea moved by jailed Jammu and Kashmir MP Engineer Rashid challenging costs imposed on him by a trial court while granting him custody parole to attend the Parliament.

A division bench of Justice Vivek Chaudhary and Justice Anup Jairam Bhambhani reserved the judgment.

During the hearing, the counsel appearing for the Delhi Police explained to the Court the break-up of the calculation of amount imposed on Rashid.

On this, Justice Bhambhani orally said that if Rashid is not even released on interim bail and is going to attend the Parliament in custody, why should the costs be not incurred by the jail authorities.

“You talk of keeping peace and police officials etc, this man here has not even got his liberty back. We have not given him interim bail. The jail is travelling with him. He is in custody. When the jail travels with him, the expenses incurred is for the jail to incur,” the judge said.

Senior Advocate N Hariharan appeared for Rashid and said that the salary of the police officials (one of the components charged in the costs) is not contemplated in the Delhi Prison Rules. The notification cannot bypass the Rules, he said.

On Court's query, Hariharan said that Rashid can remain out so long as the Parliamentary Session goes on particular days.

“Sometimes it can be four hours. Sometimes twelve. One day it went till late, it is not in my hands,” he said.

Further, Hariharan said that Rashid can pay reasonable expenses, including the cost of lunch and dinner of the police officials but he will not be in a position to pay for their salaries.

After hearing the counsels, the Court reserved its order. Senior Advocate Siddharth Luthra appeared for National Investigation Agency (NIA).

Rashid is seeking modification of an order passed by a coordinate bench on March 25 asking him to deposit ₹4 lakh (approx) with the jail authorities, so as to attend the Parliament while being in custody.

Earlier, Hariharan had argued that Rashid was unable to represent his constituency (Baramulla) due to the condition imposed on him to pay daily costs to attend the parliamentary session.

Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections and has been lodged in Tihar Jail since 2019 after the NIA arrested him under the Unlawful Activities (Prevention) Act in the 2017 terror-funding case.

Rashid has been in jail since 2019 after he was charged by NIA under the Unlawful Activities (Prevention) Act in alleged terror funding case.

Title: Abdul Rashid Sheikh v. NIA