Delhi HC Asks MP Engineer Rashid To Deposit 50% Amount Demanded By Jail Authorities For Parliament Visit, ₹4 Lakh To Be Paid Within 3 Days

The Delhi High Court on Friday (March 28) ordered jailed Jammu and Kashmir MP Engineer Rashid to deposit ₹4 lakh (approx) with the jail authorities, so as to attend the second part of the Parliamentary session which ends on April 04.

The figure is 50% of the total amount demanded by the jail authorities (₹8.74 lakhs) to enable his Parliament visit 'in-custody', which was ordered by the High Court on March 25.

A division bench comprising Justice Chandra Dhari Singh and Justice Anup Jairam Bhambhani directed Rashid to deposit the amount within three days. 

Rashid's counsel had received an email on March 26 from the jail authorities 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.

Today, Senior Advocate N Hariharan appearing for Rashid submitted that he has already paid Rs. 1.45 lakh and and that he was ready to pay 50% of the total cost as demanded by the jail authorities. He further said that the amount will be deposited in three days. Recording his submission, the Court said

“…..Rs. 1.45 lakh be excluded from the 50% and the rest of the amount shall be deposited- Rs. 4 lakh and [1.45 lakh already deposited], rest of the amount shall be deposited within three days. The jail authority may take him to custody to enable him to attend the parliament.”

Rashid had approached the High Court seeking waiver of the condition imposed upon him, requiring him to pay for his daily travel expense to the Parliament.

The counsel appearing for NIA opposed Rashid's application submitting that it was nothing but a gross misuse of process of law.

The counsel referred to Supreme Court order granting custody parole to Mohd Tahir Hussain, an undertrial prisoner in the Delhi riots case, and asking him to deposit Rs. 2,07,429 as daily expense.

The Court issued notice on Rashid's application and granted four weeks' to NIA for filing its reply.

The matter will now be heard on May 19.

In an urgent application moved yesterday, Rashid submitted he is unable to arrange for such a substantial amount.

He 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 stated.

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  

Citation: 2025 LiveLaw (Del) 381