After Delhi High Court's Split Verdict, Third Judge To Hear Jailed MP Engineer Rashid's Plea Against Costs To Attend Parliament

The Delhi High Court on Friday said that it will conduct a preliminary hearing on January 14 in the plea moved by jailed Jammu and Kashmir MP Engineer Rashid challenging costs imposed on him by a trial court while granting him custody parole to attend the Parliament.

Justice Ravinder Dudeja passed the order after the matter was listed before him, following a split verdict by a division bench on the issue.

Justice Dudeja said that it will conduct the preliminary hearing to consider if he will decide the matter or if the appeal is to be reheard by a larger bench.

Senior Advocate N Hariharan appeared for Rashid. Senior Advocate Siddharth Luthra appeared for National Investigation Agency (NIA).

Both Hariharan and Luthra referred to Section 433 of Bharatiya Nagarik Suraksha Sanhita (BNSS), and said that Justice Dudeja will have to decide if he has to hear the matter or whether it should be reheard and decided by a larger bench of judges.

It was submitted that Justice Dudeja needs to hear the matter and conduct a preliminary hearing to decide the issue.

Accordingly, the Court listed the matter for hearing on the issue on January 14.

As per Section 433 of BNSS, if two or more judges on the bench are equally divided on an appeal, the case is referred to another judge of the same court. The proviso states that if of the original judges or the new judge believes it is necessary, the appeal can be re-heard and decided by a larger bench of judges.

In the verdict delivered on November 07, Justice Vivek Chaudhary, heading the bench, dismissed Rashid's plea whereas Justice Anup Jairam Bhambhani allowed the same.

In his ruling, Justice Chaudhary said that custodial parole can be granted to a convict only on account of death, marriage or serious illness in the family or to him or for any other similar emergent situation but there was no such emergent circumstance placed by Rashid for grant of custody parole.

On the other hand, Justice Bhambhani modified the trial court condition and said that Rashid shall only be liable to pay reasonable costs that would be incurred by the State towards his transportation from Tihar Jail to Parliament and back for every day that he avails custody-parole to attend Parliament.

Rashid had sought 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.

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.

He has been in jail since 2019 after he was charged by NIA under the Unlawful Activities (Prevention) Act in alleged terror funding case.