The Delhi High Court on Tuesday asked the State authorities to furnish the basis for calculating expenses for travel and other expenses being charged from Baramulla MP Abdul Rashid Sheikh alias Engineer Rashid. He is seeking modification of travel and security expenses.
Rashid was granted permission to attend the Parliament Session in custody, but with the condition to deposit ₹4 lakh with the jail authorities to cover travel expenses.
A division bench of Justices Vivek Chaudhary and Anup Jairam Bhambhani questioned the state’s calculation of expenses, asking for a detailed breakdown of the costs imposed on Rashid to attend Parliament.
The matter will be heard again on August 18, where the state authorities will need to provide a detailed explanation for the expenses imposed on Rashid.
Rashid is challenging a March 25 order that requires him to deposit ₹4 lakh with jail authorities to attend Parliament sessions. His lawyer, N Hariharan, argued that the condition defeats the purpose of granting custody parole and that Rashid was previously allowed to attend Parliament without paying costs.
Rashid’s lawyer argued that attending Parliament is a public duty, not a personal favour, and that imposing costs hinders his ability to perform this duty. Rashid’s lawyer argued that the condition defeats the purpose of granting custody parole and that his client was previously allowed to attend Parliament without paying costs.
The court said that tomorrow he would ask permission to visit the constituency, to meet constituents. The court said that MP has no right to attend parliament, as it has been decided by the Supreme Court.
The court said, ” You have two submissions. One, you have the right of custody parole; second, it is without any cost.”
The Court had asked the counsel to tell them whether it is maintainable for modification or review. Hariharan said that Rashid is not challenging the merit of the order. I just want a modification of the cost imposed.
“I am not challenging the order; I am not seeking review of the court. I am just seeking a modification,” senior counsel submitted.
Senior counsel Siddharth Luthra appeared for NIA and submitted that the order passed by the court was a consent order. The senior counsel for Engineer Rashid had submitted that the interim bail was argued. We agreed on custody parole, not the cost of travelling.
He was granted parole without a cost earlier. He was asked to pay the expenses for the third time. Earlier, he was allowed to attend the parliament without paying any cost.
The bench said that whenever the custody parole is granted, the expenses are borne by the person who has been granted relief.
The bench said that they referred to the Supreme Court order in Tahir Husain case. The state has computed some expenses. How can this be justifiable before us?
On the last hearing, another bench has asked the counsel for Rashid to press the modification application before the concerned bench that had passed the order on March 25.
Rashid has been lodged in Tihar Jail since 2019, facing trial under the Unlawful Activities (Prevention) Act for alleged terror funding.
Despite his incarceration, Rashid was granted custody parole to attend Parliament sessions and take oath as an MP. (ANI)
