Can’t represent Baramulla due to ‘unjust’ cost, Rashid tells HC

Baramulla MP Engineer Rashid on Wednesday urged the Delhi High Court to ease the financial conditions imposed on his attendance in Parliament, stating that he is unable to represent his constituents due to an “unjust” requirement to bear the daily cost of custodial escort.

Appearing before a Division Bench comprising Justice Vivek Chaudhary and Justice Anup Jairam Bhambhani, senior advocate N Hariharan, representing Rashid, sought modification of a March 25 order directing his client to deposit around Rs 4 lakh with jail authorities to attend parliamentary sessions while in custody.

The Bench, however, questioned whether such a plea for “modification” was legally maintainable, given that the March order had been passed with the consent of both parties.

Senior Advocate Siddharth Luthra, appearing for the National Investigation Agency (NIA), submitted that the earlier direction was a consent order, and Rashid had agreed to the conditions, including the payment for security arrangements.

Disputing this, Hariharan clarified that consent was given only for custody parole—not for bearing the cost of escort or security. “No argument was made in relation to expenses. What was argued was custody parole,” he told the court.

He further pointed out that Rashid was allowed to attend Parliament twice earlier without being asked to bear any expenses. The imposition of costs came only during the third instance, raising concerns about selective enforcement. He emphasised that the current plea is not a review petition but a legitimate challenge to a condition that effectively prevents an elected representative from fulfilling his constitutional duties.

“This is not a review of the entire order, but a modification of a condition that defeats the spirit of the relief granted,” Hariharan argued, adding that Rashid’s inability to pay violates the democratic right of representation for the people of Baramulla.

The Bench has posted the matter for further hearing on August 12.

Engineer Rashid, who won the Baramulla seat in the 2024 Lok Sabha elections, has been lodged in Tihar Jail since 2019 following his arrest by the NIA in connection with a 2017 terror-funding case.

J & K