High Court Asks Delhi Police To Explain Calculation Of Amount Imposed On Jailed MP Engineer Rashid To Attend Parliament
The Delhi High Court on Tuesday asked the Delhi Police to explain the basis of the calculation of amount imposed on Jammu and Kashmir MP Engineer Rashid to enable him to attend the Parliament.
A Justice Vivek Chaudhary and Justice Anup Jairam Bhambhani was hearing Rashid’s plea seeking modification of an order passed by a coordinate bench on March 25 asking him to deposit ₹4 lakh (approx) with the jail authorities, so as to attend the Parliament while being in custody.
The Court asked the State to address the question after the concerned public prosecutor was not available today.
The Court has asked the Delhi Police to explain the basis of the calculation appearing in a communication addressed by the office of PP Delhi Armed Police to the Superintendent of Tihar Jail.
“The essence of the question is to explain the basis of various calculations appearing in the communication addressed. Since the APP is not available today, let this query to addressed on behalf of the State on the next date of hearing,” the Court said.
This was after counsel Akshai Malik representing the National Investigation Agency (NIA) submitted that the State would be the appropriate authority to answer the said query.
The Bench heard Senior Advocate N Hariharan representing Rashid in detail, who argued on the aspect of effect of the absence of a legislature in the Parliament. He said that in such a situation, the voice of the people cannot be heard.
“I am not saying you grant me interim bail. I am saying send me in custody as I was allowed earlier or do not impose a condition which prevents me from performing my duty,” he said.
During the hearing, the Court asked Hariharan to address the question as to how Rashid’s case was different than Suresh Kalmadi v. CBI, a ruling which was relied upon by him.
Justice Bhambhani asked Hariharan to explain if Kamladi judgment was ever taken up or tested before the Supreme Court, to which Hariharan responded in the negative.
The senior counsel further argued that along with a duty, a right is attached and that here was a situation where Rashid was allowed to perform his duty by granting him permission to attend Parliament but the condition to deposit huge costs was impermissible.
“Once a permission is granted, a condition which is so erroneous that it defeats my duty cannot be envisaged,” he said.
He further relied upon the ruling of Rajesh Ranjan v. State of Bihar where a person was permitted to attend the Parliament while being in custody.
The matter will now be heard on August 18.
Earlier, Hariharan had argued that Rashid was unable to represent his constituency (Baramulla) due to the condition imposed on him to pay daily costs to attend the parliamentary session.
Rashid was elected from the Baramulla constituency in the 2024 Lok Sabha elections and has been lodged in Tihar Jail since 2019 after the NIA arrested him under the Unlawful Activities (Prevention) Act in the 2017 terror-funding case.
Rashid has been in jail since 2019 after he was charged by NIA under the Unlawful Activities (Prevention) Act in alleged terror funding case.
Title: Abdul rashid sheikh v. Nia