The Delhi High Court on Tuesday expressed its inclination to transfer the petition filed by jailed Lok Sabha MP Abdul Rashid Sheikh, also known as Engineer Rashid, to the same bench that had earlier heard a similar plea during the Budget session. Rashid has sought a waiver of the condition imposed by the trial court requiring him to bear travel expenses in order to attend the ongoing Monsoon session of Parliament.
A division bench comprising Justices Vivek Chaudhary and Mini Pushkarna observed that since a coordinate bench had already deliberated on the same issue in a previous session, it would be appropriate for the current plea to be heard by that bench. “It would be wrong on our part to hear the matter, when a bench has already taken a call on a similar issue,” the court remarked, advising Rashid’s counsel to pursue the existing modification application instead.
The court adjourned the matter to July 31 due to the absence of senior advocate N Hariharan, who is representing Rashid.
In the earlier instance on May 15, a bench of Justices C.D. Singh (now repatriated to the Allahabad High Court) and Anup Jairam Bhambhani directed Rashid to deposit approximately ₹4 lakh with the jail authorities to facilitate his attendance in the Budget session. Given Justice Singh’s repatriation, a new bench will need to be formed to handle the current plea if the matter is transferred.
Rashid, an Independent MP from Jammu and Kashmir and president of the Awami Ittehad Party (AIP), was arrested in 2019 under the Unlawful Activities (Prevention) Act (UAPA). The NIA alleges he was part of a larger conspiracy involving separatist funding and terrorist activities coordinated by Lashkar-e-Taiba and Pakistan’s ISI.
The special NIA court had allowed Rashid to attend the ongoing Fifth Parliamentary Session in custody from July 24 to August 4, under strict conditions — including daily return to jail, no access to mobile phones, and self-payment of travel expenses. Rashid moved the High Court after authorities demanded ₹1.44 lakh per day, amounting to a ₹17 lakh bill, which he claimed hindered his ability to perform his parliamentary duties.
In response, the National Investigation Agency filed a 17-page affidavit opposing any waiver. The agency argued that public duty does not exempt an accused from bearing the cost of travel and custody logistics. “The imposition of the conditions to impose special cost is reasonable and just,” said the NIA, represented by Special Public Prosecutor Akshai Malik and advocate Khawar Saleem.
The affidavit further noted that Rashid had previously paid over ₹4.37 lakh—50% of the total demanded—for attending the Budget session on six dates earlier this year.
Rashid has also requested the High Court to permit him to attend Parliament in custody until August 21 or, alternatively, grant him interim bail for the same duration.
The High Court is expected to take up the matter again on July 31.
