Delhi HC delivered a split verdict on jailed MP Engineer Rashid's plea for the government to pay his travel expenses from Tihar Jail to Parliament. One judge supported it, citing an MP's duty; another opposed it. The case is now with a third judge.
The Delhi High Court on Friday delivered a split verdict on a plea filed by jailed Baramulla Member of Parliament Engineer Abdul Rashid Sheikh, who sought directions to the Central government to bear the expenses of his travel from Tihar Jail to Parliament for attending sessions while he remains an undertrial prisoner in a terror funding case.
Split Verdict Delivered by Bench
While Justice Anup Jairam Bhambhani held that the government should bear the cost of Rashid's travel and related arrangements, Justice Vivek Chaudhary took a contrary view, observing that the government is not obliged to pay such expenses.
"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," Justice Bhambhani said while announcing the verdict.
Matter Referred to Chief Justice
Following the split opinion, the Bench sent the matter be placed before Chief Justice D K Upadhyaya for further orders and appropriate reference to a third judge.
Background of the Plea
The case pertains to Rashid's plea challenging an earlier order that required him to personally bear the daily cost for police escort and travel arrangements to attend Parliament "in custody."
Conflicting Judicial Opinions
Justice Bhambhani, while referring to constitutional duties of an elected representative, said the State must facilitate an MP's participation in Parliamentary proceedings. However, Justice Chaudhary disagreed, ruling that a detained person has "no right, duty or privilege" to attend Parliament sessions while in judicial custody, and any such permission would amount to indirectly doing what the law prohibits.
Legal Representation
Senior Advocate N Hariharan, with advocates Vikhyat Oberoi, Nishita Gupta, Shivam Prakash, Ravi Sharma, Punya Rekha Angara, Aman Akhtar, Vasundhara Raj Tyagi, and others, appeared for the appellant.
Senior Advocate Sidharth Luthra, with Akshai Malik (SPP, NIA), represented the National Investigation Agency.
Ritesh Bahri, APP, appeared for the Delhi Prison Department. (ANI)
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