MP Engineer Rashid Moves Delhi High Court Over Jail Authorities' Demand To Pay ₹1.45 Lakh Per Day Travel Expense To Attend Parliament

Jammu and Kashmir MP Engineer Rashid on Thursday moved the Delhi High Court seeking waiver of a condition asking him to pay Rs. 1.45 lakh as daily travel expense in order to attend the second part of the Parliamentary session which ends on April 04.

The condition forms part of an order passed by a division bench on March 25, allowing Rashid to attend the Parliament “in-custody.” The expense for the aforesaid travel and other arrangements shall be borne by the appellant (Rashid), the condition reads.

In an urgent application, Rashid has sought waiver of the condition, arguing that he is unable to arrange for such a substantial amount.

He has said that on March 26, his counsel received an email from the Jail that he was required to pay Rs. 1,45,736 each day for travel and related arrangements, i.e. a total sum of Rs. 8,74,416 for six days.

He has submitted that no such condition was imposed upon him when a single judge had in February permitted him to attend the Parliament for two days.

“That 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 states.

The application was mentioned today by Rashid's counsel before a division bench headed by Chief Justice Devendra Kumar Upadhyaya, which refused to grant urgent listing of the plea.

The Bench, also comprising Justice Tushar Rao Gedela, said that if the application has been filed, it will come up tomorrow on its own.

Rashid's counsel told Court that he was seeking deletion of the condition in question and not a reduction in the amount asked by the prison authorities.

In his application, Rashid has said that he is going to fulfil his constitutional duties and ought not to be prejudiced with such high costs imposed by the jail authorities.

“It is further submitted that the Applicant is not seeking to attend Parliament for his private affairs, but only in order to fulfil his constitutional duty. Hence, it is most respectfully prayed to waive off the said condition,” the application adds.

Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections and has been lodged in Tihar Jail since 2019 after the NIA arrested him under the Unlawful Activities (Prevention) Act in the 2017 terror-funding case.

Rashid has been in jail since 2019 after he was charged by NIA under the Unlawful Activities (Prevention) Act in alleged terror funding case.

Title: Abdul Rashid Sheikh v. NIA