New Delhi, Nov 7 The Delhi High Court on Friday delivered a split verdict on the plea filed by jailed Lok Sabha member from Jammu and Kashmir's Baramulla constituency, Engineer Abdul Rashid Sheikh, who sought modification of the conditions related to payment of travel expenses during his custody parole to attend the Parliament session.
A two-judge Bench of Justices Vivek Chaudhary and Anup Jairam Bhambhani differed in their opinions. While Justice Chaudhary rejected Engineer Rashid's plea, Justice Bhambhani allowed it.
The matter will now be placed before Chief Justice D.K. Upadhyaya, the master of the roster, for appropriate orders.
Rashid, who has been in Delhi's Tihar Jail in connection with a terror funding case, had moved the High Court seeking modification of an earlier order requiring him to deposit approximately Rs 4 lakh with jail authorities towards costs incurred during his custodial visits to Parliament.
Senior advocate N Hariharan, appearing for Rashid, argued that the condition to pay daily costs effectively restricted the Baramulla MP from representing his constituency in Parliament.
Hariharan added that the imposition of costs, particularly the inclusion of salaries of police officials escorting him, is not contemplated under the Delhi Prison Rules.
He further contended that while Rashid was willing to bear reasonable expenses, including the cost of meals for accompanying police officials, the inclusion of their salaries in the calculation was beyond the scope of the law.
On the other hand, counsel appearing for the Delhi Police detailed the break-up of the Rs 4 lakh amount, stating that it included the daily deployment charges, logistical costs, and security arrangements made for Rashid's travel to Parliament while in custody.
Earlier, in September, the Patiala House Court had permitted Rashid to vote in the Vice Presidential election while in custody.
The court had ruled that he could go to Parliament under police escort but would have to bear the expenses incurred on his travel, subject to the Delhi High Court's decision on his plea regarding costs.
Engineer Rashid, chief of the Awami Ittehad Party (AIP), had fought the 2024 Lok Sabha election from Tihar Jail and registered a massive victory over National Conference vice-president and former Jammu and Kashmir Chief Minister Omar Abdullah by over two lakh votes.
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