Delhi HC Reserves Order On Plea Of Baramulla MP Seeking Modification Of Expenses

Engineer Rashid

The Delhi High Court on Monday reserved its order on a plea filed by Baramulla MP Abdul Rashid Sheikh alias Engineer Rashid, challenging the condition that he bear expenses for travelling and security arrangements while attending Parliament sessions under custody parole.

A division bench of Justices Vivek Chaudhary and Anup Jairam Bhambhani heard submissions from Rashid’s counsel, the Delhi government, and the National Investigation Agency (NIA) before reserving its verdict.

Case Insights

Rashid, currently lodged in Tihar Jail in a terror-funding case, was earlier granted custody parole to attend Parliament but directed to deposit costs of nearly ₹1.45 lakh per day for travel and the deployment of 15 Delhi Armed Police personnel. The March 25 order had imposed a lump sum payment of ₹4 lakh.

Senior advocate N Hariharan, appearing for Rashid, argued that such a condition nullifies the very purpose of granting custody parole. “If I am performing my constitutional duty as an elected MP, why should I be burdened with salaries of security personnel?” he submitted, adding that custody parole rules do not contemplate recovery of such costs.

The bench, however, noted that custody parole does not equate to liberty. “We are not giving him interim bail. If he is on custody parole, the expenses are to be borne by the authorities,” the judges remarked, while also questioning whether an MP in custody has any right to attend Parliament.

Appearing for the Delhi government, APP Ritesh Bahri maintained that transport and security are provided by the police, not jail authorities, and can be charged as per notification. Senior advocate Siddharth Luthra, representing the NIA, opposed Rashid’s plea, submitting that the earlier order was passed with the MP’s consent.

The court also asked the State to explain the calculation of expenses being levied on Rashid. Observing that the issue revolved around whether the costs should be borne by the government or the applicant, the bench reserved its order.