The Delhi High Court on Wednesday heard a plea by Baramulla MP Abdul Rashid Sheikh, popularly known as Engineer Rashid, seeking modification of a previous order that required him to bear ₹4 lakh in expenses to attend Parliament while in custody.
The Division Bench of Justices Vivek Chaudhary and Anup Jairam Bhambhani listed the matter for further hearing on August 12.
Rashid Seeks Relief From Cost Condition
Senior Advocate N. Hariharan, along with Advocate Vikhyat Oberoi, appeared for Rashid and submitted that the cost condition, imposed by the court on March 25, was preventing the MP from representing his constituency in Parliament.
“I’m not challenging the merits of the earlier order. I’m only seeking a modification of the cost condition,” Hariharan told the bench, clarifying that the plea was not a review but a request for reconsideration of one aspect of the order.
The counsel argued that Rashid was granted custody parole without any cost on previous occasions, and that the requirement to pay ₹4 lakh for travel and other expenses was introduced only later.
Bench Questions Maintainability Of Modification
The bench asked whether such a plea was maintainable as a modification or whether it would amount to a review of the previous order.
“You are seeking a review of an earlier order. Can we hear this, or should it go before a larger bench?” the court asked.
The judges also pointed out that, typically, when custody parole is granted, the individual benefiting from it bears the associated costs.
Senior Advocate Siddharth Luthra, appearing for the National Investigation Agency (NIA), opposed the plea, stating that the original order was passed with the consent of parties.
He emphasized that Rashid had agreed to custody parole, including the condition of bearing expenses, during earlier hearings.
However, Hariharan countered that no such consent was given for the cost component, and earlier permissions to attend Parliament had been granted without any financial burden.
Background
Rashid, who remains in custody in connection with a case under the Unlawful Activities (Prevention) Act (UAPA), was elected as an Independent MP from Baramulla in the 2024 general elections. His request to modify the parole-related condition stems from his continued efforts to represent his constituents from behind bars.
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