The Delhi High Court on Monday reserved its order on a plea filed by jailed Jammu and Kashmir MP Engineer Rashid, challenging the directive that required him to deposit nearly ₹4 lakh towards travel expenses for attending Parliament while in custody.
A bench comprising Justices Vivek Chaudhary and Anup Jairam Bhambhani heard submissions from Rashid’s counsel, the Delhi Police, and the National Investigation Agency (NIA). The bench raised questions over the justification of saddling the incarcerated MP with such costs, noting that he remains in judicial custody.
Court’s Observation
Justice Bhambhani remarked, “The jail is travelling with him. He is in custody. When the jail travels with him, the expenses are to be incurred by the jail.” The observation came in response to the contention that Rashid was being asked to cover costs that might otherwise fall under state responsibility.
Dispute Over Calculation of Expenses
Earlier, the High Court had asked Delhi Police to clarify the basis of its calculation of the nearly ₹4 lakh imposed on Rashid. Police counsel submitted a break-up of the costs, which included salaries of officials deployed during his travel. Rashid’s lawyer, however, argued that salaries could not be recovered under Delhi Prison Rules.
He submitted that while Rashid was willing to pay reasonable expenses such as food costs for accompanying police personnel, the Baramulla MP was not in a position to pay for their salaries.
Previous Orders and Financial Burden
On March 25, a coordinate bench had directed Rashid to deposit around ₹4 lakh with jail authorities for attending the monsoon session of Parliament in custody. It has previously come on record that Rashid has already borne expenses exceeding ₹17 lakh for similar arrangements in the past.
Engineer Rashid, the independent MP from Baramulla, has been lodged in Delhi’s Tihar Jail since 2019 after his arrest by the NIA in a 2017 terror-funding case. The agency has alleged that Rashid provided financial support to separatist leaders and terror groups in Jammu and Kashmir.
In October 2019, the NIA filed its chargesheet, and in March 2022, a special NIA court framed charges against him under Sections 120B (criminal conspiracy), 121 (waging war against the government), and 124A (sedition) of the IPC, along with provisions of the Unlawful Activities (Prevention) Act (UAPA) for terror funding.
The High Court has reserved its decision on whether the costs of enabling the MP’s participation in parliamentary proceedings should be borne by him or the jail authorities.
