‘Why should prisoner foot bill?’: Delhi HC reserves order on MP Engineer Rashid’s plea against cost to attend Parliament

Addressing Lok Sabha two weeks ago, the Independent MP from Baramulla began with a disclaimer: “Please don’t stop me for 10-12 minutes, for God’s sake. I’m coming from (representing a constituency of) Kashmir, I’m coming from Tihar Jail…”

After reading a couplet, he went on to condemn the April 22 Pahalgam attack while emphasising the need to “win the hearts of Kashmiris to end militancy in Kashmir”. He added, “It is not a communal issue. It is a political issue. You need to give a political resolution.” The MP went on to say, “Main aapse puchna chahta hu, isliye nahi ki main aaj Rs 1.5 lakh deke idhar aaya, lekin aap jab mere liye nahi bol sake, aap Kashmiriyo ke liye kya bolenge. (I want to ask you, not because I had to pay Rs 1.5 lakh to attend Parliament, but when you couldn’t speak up for me, how will you raise your voice for Kashmiris).”

Lodged in Tihar Jail since 2019

Rashid 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. However, he has been lodged in Delhi’s Tihar Jail since 2019 in a case of alleged terror funding and the National Investigation Agency (NIA) has accused him of 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, and a special NIA court in Delhi framed charges against Rashid in March 2022.

In March this year, the Delhi High Court, while allowing the MP to attend Parliament during the Budget session, had imposed the condition that the expenses for Rashid’s travel and other arrangements shall be borne by him 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 high court.

In the cost break-up furnished by the Delhi Government on Monday before the bench, it was submitted that Rashid’s Parliament escort party comprises 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.

However, Senior Advocate N Hariharan, arguing on behalf of Rashid, pointed out that the notification will not be applicable in the MP’s case.

Justice Bhambhani also questioned the Delhi Prisons counsel on the rationale of the costs. “He (Rashid) has to pay the salary (of the escort party)?…These people (police personnel being deployed) are not contractual employees of the state. If this ACP or the inspector is on leave, he (the police personnel) would still get a salary. So why should a person who has been granted custody parole, foot the bill for their salary?”

A statement from the office of the Deputy Commissioner of Police (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 02 shifts will be calculated and the estimate 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.