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

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.

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.

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.

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