Uncertainty persists over participation of jailed MP Engineer Rashid's in the ongoing Monsoon session of Parliament as Delhi High Court on Monday reserved its order on his plea seeking modification of expenses to attend the session in custody.
Baramulla MP Rashid Engineer has been granted custody parole with the cost of travelling, security, besides other expenses to attend the Parliament session. Engineer Rashid is seeking a modification of the cost condition.Division bench of Justices Vivek Chaudhary and Anup Jairam Bhambhani reserved order after hearing submissions of counsel for Engineer Rashid, Delhi State and NIA.
Additional Public Prosecutor (APP) Ritesh Bahari appeared for Delhi State and submitted that 15 security personnel of Delhi Armed Police (DAP) were required to escort MP Rashid Engineer for his travel from Tihar Jail to Parliament and thereafter back to Tihar Jail.
He also submitted that the expenses are to be borne by the applicant, Engineer Rashid. The expenses for one day are 1.45 lakh.
The court said, “We are not giving him interim bail. He is in custody parole. If he is on custody parole, then the expenses are to be borne by the jail authorities. We are not giving him the liberty back.”
APP Bahri submitted that the Transport and security is provided by the Delhi armed police not by the jail authorities. Police can charge the expenses as per the notification.Senior advocate N Hariharan alongwith Vikhyat Oberoi appeared for Engineer Rashid. He submitted that the Salary is not contemplated in Jail rules. Notification can’t cut the rules.The Court said, ” Then you should challenge the notification. Expenses are not included salary.”Senior advocate Hariharan contended that there is no notification. It is in relation to outside travelling.
At this point, the court said that It was a discretionary order. You were permitted to attend the parliament. You agreed to put any condition.Senior advocate argued that if I (Engineer Rashid) am granted custody parole, why should I be burdened with 15 salaries. If I (Rashid) am paying the amount, will it be going deducted from their salary, senior Advocate questioned.The Court asked, “Who bears the travelling expenses if someone comes to attend Parliament from Kashmir or Trivandrum?”
It was submitted that these expenses are borne by the government. The Court said that for this, we have to look at the parliamentary rules as to who bears the expenses?The Court asked the counsel for Rashid, ” Question is whether he is entitled to attend the parliament? When he is in custody, is there any case that a custody parole is made out to attend parliament?
Senior Siddharth Luthra appeared for the NIA and opposed the application of Engineer Rashid.The Delhi High Court on Tuesday had asked the State authorities to furnish the basis of the calculation of expenses for taking MP Rashid Engineer to Parliament to attend the Session and back to the central Jail.
Court said that tomorrow you will ask permission to visit constituency, to meet constituents. No my lords, senior advocate said.
The court said that the MP has no right to attend parliament, it has decided by the Supreme Court. Anything can be done by the Supreme Court.Court said, “You have two submissions. One you have the right of custody parole, second, it is without any cost.”
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