The Delhi High Court on Thursday declined an urgent hearing request from Jammu and Kashmir MP Abdul Rashid Sheikh, who is currently jailed in connection with a terror funding case. Sheikh sought a waiver of the condition requiring him to bear travel expenses to attend the ongoing Parliament session “in-custody.”
The request was brought before a bench led by Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela. The bench stated that if the application has been filed, it will be heard on Friday as part of the regular schedule, without the need for an urgent listing.
Sheikh, represented by his counsel, is not seeking a reduction of the set amount by the prison authorities but is requesting the removal of the condition to cover all expenses for his travel and other related arrangements. The bench responded, “You file the application and it will come up for hearing tomorrow on its own. We have made it clear and we can’t be more clearer.”
In his application, Sheikh revealed that following a court order allowing his Parliament attendance, issued on March 26, he was informed by the jail authorities that evening about the required payment of approximately Rs 1.45 lakh per day for travel and associated costs. This amount totals Rs 8.74 lakh for six days. Sheikh argued that he is financially incapable of bearing these “excessively high” costs, which he feels are unfair given his need to fulfill his constitutional duties.
On March 25, a division bench of the high court had permitted Sheikh to attend the Parliament “in-custody” until April 4, dismissing the National Investigation Agency’s (NIA) concerns that he might be a flight risk. The court imposed several conditions, including that Sheikh be escorted by plain-clothed police officers from prison to Parliament on session days and that he bear the expenses for his travel and other necessary arrangements.
Sheikh is being tried under the Unlawful Activities (Prevention) Act (UAPA) for his alleged involvement in a 2017 terror funding case. He had initially sought custody parole or interim bail to attend the Lok Sabha proceedings but later amended his plea to request attendance “in-custody.”
The NIA had opposed Sheikh’s plea, suggesting that allowing him to attend Parliament could provide him a platform to potentially misuse for airing his opinions. However, the high court noted that the control of parliamentary proceedings falls under the jurisdiction of the Lok Sabha speaker, expressing confidence in the disciplined conduct of the sessions.
Abdul Rashid Sheikh, who unseated Omar Abdullah in the 2024 Lok Sabha elections, has been a controversial figure, accused of funding separatist and terror activities in Jammu and Kashmir. He has been detained at Delhi’s Tihar Jail since 2019, following his arrest by the NIA. In 2019, he was temporarily granted interim bail to participate in the Jammu and Kashmir Assembly elections.
