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Delhi HC delivers split verdict on Engineer Rashid’s plea to waive travel costs to attend Parliament

In March this year, the HC, while allowing the Baramulla MP to attend Parliament during the Budget session, had imposed the condition that he bear the expenses for travel and other arrangements while he is in the state’s custody. 

With both judges differing, the matter will now go before the Chief Justice for a final decision.The Delhi High Court delivered a split verdict on MP Engineer Rashid’s plea seeking waiver of his security and travel costs to attend Parliament. (Express Archive)

A division bench of the Delhi High Court on Friday delivered a split judgment on a plea by Baramulla MP Abdul Rashid Sheikh alias Engineer Rashid seeking a waiver on the costs borne by him on his security and travel arrangements to attend Lok Sabha proceedings.

The matter was heard by a bench of Justices Vivek Chaudhary and Anup Bhambhani. The verdict was reserved in August.

Pronouncing the verdict in open court, Justice Chaudhary said he has rejected Rashid’s plea while Justice Bhambhani has allowed it.

Justice Bhambhani orally added that the bench has “not been able to concur” and, thus, the bench is rendering “two separate judgments, they’re divergent and discordant”.

The matter will now be placed before the Chief Justice of the Delhi HC for appropriate directions.

A detailed copy of the verdict is awaited.

Rashid has been lodged in Delhi’s Tihar Jail since 2019 in a case of alleged terror funding.

In March this year, the HC, while allowing the MP to attend Parliament during the Budget session, had imposed the condition that he bear the expenses for travel and other arrangements while he is in the state’s custody.

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When the same condition was imposed on him a second time to attend the Monsoon Session of Parliament, Rashid — through his advocate Vikhyat Oberoi — challenged it before the HC.

While the court was hearing the matter earlier this year, the Delhi government furnished a cost break-up: it was submitted that Rashid’s Parliament escort party comprised an assistant commissioner of police, an inspector, a sub-inspector, an assistant sub-inspector, and eight head constables.

In a notification on November 12, 2024, the Delhi government had fixed the charges for deployment of “additional police on payment, to private persons, commercial establishments and for other duties” as per provisions of the Delhi Police Act and Delhi Police (Miscellaneous Matters) Rules.

A statement from the office of the DCP, Nyayik Abhiraksha Vahini, Delhi Armed Police (NAV DAP), from July 23 reads, “As per instructions from the Govt of NCT of Delhi, NAV DAP is charging Rs 7,039 for each ACP, Rs 7,176 for each inspector, Rs 5,739 for each SI, Rs 4,783 for each ASI, Rs 4,232 for each HC (head constable) and Rs 3,658 for each constable per shift i.e., per day of five hours and per night of four hours for the deployment of police guard to private persons on payment basis. As such, (considering) 10 hours in a day, then total 2 shifts will be calculated and the estimated cost of custody charge will come to Rs 1,44,795,” for Rashid.

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The DAV NAP transports prisoners between jails and courts or investigative agency offices.

Rashid had defeated National Conference leader Omar Abdullah, who is currently the Chief Minister of Jammu and Kashmir, in the Baramulla seat by over 2 lakh votes in the 2024 Lok Sabha polls.

The National Investigation Agency (NIA) has accused him of allegedly using various public platforms to “propagate the ideology of separatism and secessionism”. He was arrested under the Unlawful Activities (Prevention) Act in the NIA case, lodged in 2017 against Lashkar-e-Toiba (LeT) founder Hafiz Saeed and other “secessionist and separatist” leaders. A special NIA court in Delhi framed charges against Rashid in March 2022.

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

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