The Delhi High Court delivered a split verdict on a plea by jailed Jammu and Kashmir MP Engineer Rashid regarding the costs imposed on him by a trial court in relation to his custody parole to attend Parliament.
A division bench consisting of Justice Vivek Chaudhary and Justice Anup Jairam Bhambhani held differing views; Justice Chaudhary dismissed Rashid’s petition while Justice Bhambhani allowed it. As a result, the case will now be forwarded to the Chief Justice’s Bench for further proceedings.
Rashid sought a modification of a March 25 order from a coordinate bench that required him to deposit approximately ₹4 lakh with jail authorities to attend Parliament while in custody.
Senior Advocate N. Hariharan, representing Rashid, argued that the costs were excessive and hindered the MP’s ability to effectively represent his Baramulla constituency. He indicated that the inclusion of police salaries in the daily cost calculation contradicted the Delhi Prison Rules and claimed that such a directive could not supersede these rules. Rashid was prepared to cover reasonable expenses, such as meals for accompanying officers, but objected to covering their salaries.
Legal counsel for the Delhi Police presented a detailed breakdown of the costings, while Senior Advocate Siddharth Luthra represented the National Investigation Agency (NIA).
Engineer Rashid, who represents Baramulla, Jammu and Kashmir, was elected in the 2024 Lok Sabha elections. He has been incarcerated in Tihar Jail since 2019 after being arrested by the NIA under the Unlawful Activities (Prevention) Act (UAPA) in connection with a terror funding case from 2017.
Rashid has been granted temporary bail and custody parole several times to fulfill duties related to Parliament sessions or during election campaigns. In February, his son, Abrar Rashid, expressed distress over his father’s prolonged detention, stating, “It has been more than five years now, my Abu G, my elected MP, is away from us just because he was calling a spade a spade, just because he believes in democracy, or just because he never shies away from the electoral process. We all owe him his liberty, his freedom, as a country, as a democracy, as a society, as a collective responsibility, we owe him.”
The case is ongoing, with further developments anticipated following the Chief Justice’s review.
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