Delhi HC to transfer Engineer Rashid's plea to same bench that heard similar case
A bench of justices Vivek Chaudhary and Mini Pushkarna opined that it would be inappropriate for them to hear the petition, when that bench had already expressed its view.
On March 28, a bench of justices CD Singh (now repatriated to Allahabad high court) and Anup Jairam Bhambani while dealing with Rashid's plea seeking modification of the same condition to attend the budget session, had directed him to deposit ₹4 lakh (approx) as travel expenses with the jail authorities.
Now, if the new petition for the monsoon session is to be transferred, a new bench comprising justice Bhambhani and a new judge will have to be constituted, due to repatriation of justice CD Singh to Allahabad high court in April.
'For every session of Parliament, there cannot be a fresh appeal. You had moved a modification application earlier. You should press the modification application before the earlier bench and it will be applicable for all future sessions. Once a division bench has applied its mind and taken a decision, we will follow,' the bench said to Rashid's counsel Vikhyat Oberoi.
It added, 'It would be wrong on our part to hear the matter, when a bench has already taken a call on a similar issue.. whatever orders are passed there … we will follow. The issue is the same— on what terms a person can be allowed to attend Parliament.'
Even though the court indicated its intention, it adjourned the matter to July 31, due to non availability of senior advocate N Hariharan who had to argue on Rashid's behalf.
On July 22, a special NIA court had allowed terror accused Engineer Rashid to attend the Fifth Parliamentary Session in custody for 12 days from July 24 till August 4, subject to him bearing the travel cost, returning to jail in the evening and not having access to cell phones to speak to the press.
He had then approached the high court seeking waiver of the travel cost condition asserting that the authorities were demanding ₹1.44 lakhs per day and had already raised a bill of ₹17 lakhs, which was coming in his way for discharging his public duties as an MP.
Besides challenging the condition, the jailed MP has also urged the court to permit him to attend the Parliament session in custody on all dates till August 21 or release him on interim bail till August 21.
In its affidavit filed on Monday, the National Investigation Agency (NIA) had opposed the petition saying that 'public duty' cannot act as justification for exempting an accused from bearing travel and related logistics costs, in custody. 'The public duty of the appellant/accused does not negate the requirement on the appellant to bear the reasonable costs for travel and logistical arrangements while in custody. The imposition of the conditions to impose special cost is reasonable and just in the circumstances of this case,' the agency said in its affidavit filed through special public prosecutor Akshai Malik along with advocate Khawar Saleem.
The agency, in its 17-page affidavit also stated that Rashid had previously deposited 50% of the costs demanded by the Tihar Jail authorities— ₹4,37,207, to attend the Parliament Budget session on six dates, in custody.
Engineer, an Independent MP and president of the Awami Ittehad Party (AIP) was arrested under the Unlawful Activities (Prevention) Act (UAPA) in 2019. The NIA in its charge sheet claimed that the accused people are involved in using illicit funds to fuel unrest and separatism in Jammu and Kashmir. NIA also claimed that various terror organisations, such as Lashkar-e-Taiba and others, collaborated with Pakistan's ISI to orchestrate attacks on civilians and security forces.
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