The Delhi High Court on Monday reserved its order on jailed J&K MP Engineer Rashid's plea for modification of the order asking him to deposit around Rs 4 lakh towards expenses to travel to Parliament while in custody.
A bench of Justices Vivek Chaudhary and Anup Jairam Bhambhani heard the submissions on behalf of Rashid, Delhi Police and the National Investigation Agency on the plea.
The court observed if Rashid was not released on interim bail and attended Parliament in custody, why should he, and not the jail authorities, bear the costs.
"The jail is travelling with him. He is in custody. When the jail travels with him, the expenses are to be incurred by the jail,” Justice Bhambhani said.
While answering a previous query, the counsel appearing for Delhi Police explained to the court the break-up of the expenses borne by Rashid.
Rashid's lawyer pointed out the salary of the police officials, which was one of the components charged in the costs, was not contemplated in the Delhi Prison Rules.
He said the Baramulla MP could pay reasonable expenses, including the cost of lunch and dinner of the police officials, but wasn't in a position to pay their salaries.
The court previously asked Delhi Police to explain the basis of calculation of the amount imposed on Rashid as travel expenses to attend the monsoon session of Parliament in custody.
A coordinate bench on March 25 asked him to deposit around Rs 4 lakh with the jail authorities to attend Parliament in custody.
It previously came on record that the MP has so far been saddled with Rs 17 lakh travel expenses to attend Parliament.
The Baramulla MP is facing trial in a terror funding case with allegations that he funded separatists and terror groups in Jammu and Kashmir and has been lodged in Delhi’s Tihar Jail since 2019.
The NIA arrested him in the 2017 terror-funding case. After being chargesheeted in October 2019, a special NIA court framed charges against Rashid and others in March 2022 under Sections 120B (criminal conspiracy), 121 (waging war against the government), and 124A (sedition) of IPC and for offences relating to terrorist acts and terror funding under UAPA.
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