Today, On 18th August, The Delhi High Court reserved its order on MP Er Rashid’s plea challenging the Rs.4 lakh expenses imposed for attending Parliament, observing, “This man has not even got his liberty back, expenses are for jail to incur.”
New Delhi: The Delhi High Court Monday reserved its decision on a petition filed by incarcerated Jammu and Kashmir MP Engineer Rashid, who is contesting the imposition of nearly Rs.4 lakh in costs associated with his attendance in Parliament while in custody.
A division bench comprising Justice Vivek Chaudhary and Justice Anup Jairam Bhambhani reserved its ruling after hearing arguments from both parties. The costs were imposed by a trial court earlier this year when Rashid was granted a parole for custody.
During the proceedings, the Delhi Police provided a breakdown of the expenses, which included the salaries of police personnel assigned to oversee Rashid’s movement.
Justice Bhambhani, however, questioned this justification, stating,
“You talk of keeping peace and police officials etc. This man here has not even got his liberty back. When the jail travels with him, the expenses incurred are for the jail to incur.”
Senior Advocate N Hariharan, representing Rashid, contended that the Delhi Prison Rules do not allow for the recovery of police salaries as part of the parole expenses. He expressed that while Rashid was open to covering reasonable costs, such as meals for the escort staff, he should not be held accountable for their salaries.
The bench also inquired whether Rashid could attend Parliament for the entire duration of the session, to which Hariharan responded that the length of the session was unpredictable and beyond Rashid’s control.
Earlier, The Delhi High Court requested the Delhi Police to clarify how it determined the travel expenses imposed on Jammu and Kashmir MP Engineer Rashid for attending the upcoming monsoon session of Parliament.
This request arose during the court’s consideration of a plea from the Baramulla MP, who sought a modification of a previous order issued by a coordinate bench on March 25.
That order required him to deposit approximately Rs 4 lakh with the jail authorities in order to attend Parliament while in custody.
The court postponed the matter due to the absence of the Delhi Police counsel.
The bench said,
“During the course of hearing, we enquired from the state as to the basis of the calculation appearing in communication dated March 26, 2025, addressed by the office of Delhi Armed Police to the Superintendent, Central Jail, Tihar. The essence of the question is what is the basis of various numbers and calculations appearing in that communication,”
Engineer Rashid, a newly elected Lok Sabha MP, has been in jail since 2019 after being arrested by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA). He is accused of being involved in a 2017 terror funding case.
Earlier, Engineer Rashid had approached the court seeking interim bail or custody parole to allow him to attend the parliamentary session and discharge his responsibilities as an elected lawmaker.
As per procedure, custody parole means that the prisoner is taken under armed police escort to the required location and then brought back to jail.
His lawyer requested the court that he be released on interim bail, or, if not possible, that he be given custody parole without paying any travel cost.
The NIA opposed the plea. The agency told the court that interim bail should not be granted to Rashid and that custody parole may only be allowed if he pays the expenses for travel and security.
Engineer Rashid, who won the 2024 Lok Sabha elections from Baramulla by defeating Omar Abdullah, is currently facing trial in a serious terror funding case.
The charges against him include that he allegedly funded separatist activities and terror groups operating in Jammu and Kashmir.
According to the First Information Report (FIR) registered by the NIA, Rashid’s name came up during the questioning of businessman Zahoor Watali, who is also a co-accused in the same case.
The NIA filed its chargesheet against Rashid in October 2019, and a special NIA court later framed charges against him and others in March 2022.
Case Title: Abdul Rashid Sheikh v. National Investigation Agency (NIA)
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