Delhi HC Orders MP Rashid to Pay ₹4 Lakh Within Three Days for Attending Parliamentary Session
The Delhi High Court on March 28 directed jailed Jammu and Kashmir MP Engineer Rashid to deposit ₹4 lakh with jail authorities to enable his visit to the second part of the Parliamentary session, which concludes on April 4.
This amount accounts for 50% of the total ₹8.74 lakh demanded by the jail authorities for Rashid's ‘in-custody’ visit to Parliament. The High Court had earlier permitted his visit on March 25.
A division bench comprising Justice Chandra Dhari Singh and Justice Anup Jairam Bhambhani instructed Rashid to deposit the amount within three days.
Court's Directions on Payment
Rashid’s counsel received an email from the jail authorities on March 26, stating that he must pay ₹1,45,736 per day for travel and related arrangements, totaling ₹8,74,416 for six days.
Senior Advocate N Hariharan, representing Rashid, informed the Court that Rashid had already paid ₹1.45 lakh and was prepared to pay 50% of the total expense as demanded. He assured the Court that the remaining ₹4 lakh would be deposited within three days.
Recording the submission, the Court ordered:
“…..₹1.45 lakh be excluded from the 50% and the rest of the amount shall be deposited- ₹4 lakh and [₹1.45 lakh already deposited], rest of the amount shall be deposited within three days. The jail authority may take him to custody to enable him to attend the Parliament.”
Rashid's Plea Against Payment Condition
Rashid had approached the High Court seeking exemption from the payment condition imposed by jail authorities for his daily travel expenses to Parliament.
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The National Investigation Agency (NIA) opposed his plea, arguing that the request was a misuse of legal provisions.
NIA’s counsel referred to a Supreme Court order regarding custody parole granted to Delhi riots case undertrial Mohd Tahir Hussain, where he was required to pay ₹2,07,429 per day for expenses.
The High Court issued a notice on Rashid’s plea and granted four weeks for NIA to file its response. The next hearing is scheduled for May 19.
Financial Constraints Highlighted in Urgent Plea
In an urgent application filed on March 27, Rashid stated that he was unable to arrange such a large sum.
“The cost now being sought by the Jail Authorities is excessively high, and the Applicant is not in a financial position to bear the same. It is submitted that the Applicant has been in custody since 09.08.2019 and does not have means to make such huge and excessive amounts,” the plea read.
Previously, in February, a single-judge bench had allowed Rashid to attend Parliament for two days without imposing such a financial condition.
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Background: Rashid’s Arrest and Imprisonment
Engineer Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections. He has been lodged in Tihar Jail since 2019 after the NIA arrested him under the Unlawful Activities (Prevention) Act (UAPA) in connection with an alleged 2017 terror-funding case.
The case against Rashid falls under the stringent UAPA, under which he has remained in judicial custody for over four years.
Title: Abdul Rashid Sheikh v. NIA