The Delhi High Court gave a split verdict on jailed MP Engineer Rashid’s request asking the Centre to bear his Rs 17 lakh travel and security expenses for attending Parliament sessions. The case will now go to Chief Justice DK Upadhyaya for a final decision.
New Delhi: The Delhi High Court on Friday gave a split verdict in the case of jailed Baramulla MP Engineer Rashid, who had asked the court to direct the Central government to pay for his travel expenses from Tihar Jail to Parliament.
Rashid is currently in jail as an undertrial prisoner in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA).
ALSO READ: Jailed J&K MP Engineer Rashid Gets Court Nod to Attend Parliament: July 24–August 4
Justice Anup Jairam Bhambhani said that the government should bear the cost of Rashid’s travel, while Justice Vivek Chaudhary disagreed and said that the government was not required to pay.
Because the two judges had different opinions, the matter will now be sent to Chief Justice DK Upadhyaya for a final decision.
Justice Bhambhani, while announcing the verdict, stated,
“We have not been able to concur on the manner in which the application is to be disposed of. There are divergent and discordant views.”
Engineer Rashid, who is in Tihar Jail since 2019, was arrested by the National Investigation Agency (NIA) in a terror funding case.
Despite being behind bars, he won the Baramulla Lok Sabha seat in the 2024 elections by defeating Jammu and Kashmir Chief Minister Omar Abdullah with a margin of over two lakh votes.
Rashid had first approached the trial court seeking permission to attend Parliament sessions. The trial court allowed him to attend on certain days but directed that he must pay for his own travel and the security provided by the government.
Rashid later challenged this order before the Delhi High Court, arguing that as a Member of Parliament, he should not have to personally bear the high expenses charged by government authorities.
He told the court that he was being billed Rs 17 lakh for just 12 days of travel and security, at a rate of Rs 1.44 lakh per day, for being taken from Tihar Jail to Parliament and back.
During the hearing, his lawyer, Senior Advocate N Hariharan, argued passionately before the Bench. He said,
“You are saddling me with Rs 17 lakh cost to represent the public at large? I am losing every day. I have gone there before. You have sent me earlier on two occasions. I was allowed by this Court.”
Hariharan further submitted that the heavy cost was unfair and would discourage Rashid from fulfilling his parliamentary duties.
He was supported by a legal team including advocates Vikhyat Oberoi, Nishita Gupta, Shivam Prakash, Ravi Sharma, Punya Rekha Angara, Aman Akhtar, Vinayak Gautam, Vasudhara, and Hashain Khawaja.
On the other side, the National Investigation Agency (NIA) was represented by Senior Advocate Sidharth Luthra along with Special Public Prosecutor Akshai Malik and advocate Khawar Saleem.
The NIA opposed the plea, maintaining that the government was not obligated to pay for Rashid’s security and travel since he was an undertrial in a serious UAPA case.
The case has now reached a crucial point with the split verdict. The Chief Justice of the Delhi High Court will soon assign the matter to a third judge, who will decide whether the government must pay for the MP’s travel expenses or if Rashid must continue to bear them himself.
This case raises important questions about the rights and privileges of undertrial Members of Parliament and the financial responsibilities of the government in ensuring their participation in democratic processes while they remain in custody.
Click Here to Read Our Reports on J&K MP Engineer Rashid
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
