SRINAGAR: The Delhi High Court on Friday said it will hold a preliminary hearing in January on a plea by jailed Jammu Kashmir MP Abdul Rashid Sheikh challenging the costs imposed on him for attending Parliament while in custody, The Tribune reported.
The matter was placed before Justice Ravinder Dudeja by the Chief Justice following a split verdict from a division bench of Justices Vivek Chaudhary and Anup Jairam Bhambhani. The bench had delivered opposing judgments on Rashid’s request to modify an earlier order requiring him to deposit approximately Rs 4 lakh with jail authorities to facilitate his attendance in Parliament.
Justice Dudeja listed the case for January 14, noting that a preliminary hearing is needed to determine whether he will decide the matter or if it should be reheard by a larger bench.
Under Section 433 of the BNSS, if judges on a bench are equally divided, the case is referred to another judge, who may, if necessary, allow the appeal to be reheard by a larger bench.
The split verdict delivered on November 7 saw Justice Chaudhary reject Rashid’s plea, holding that he has no entitlement to attend Parliament while in lawful custody. Justice Bhambhani, however, allowed the plea, ruling that Rashid could be liable only for reasonable transportation costs, not the expenses of police officers accompanying him.
The order in question had originally been passed on March 25, requiring Rashid to deposit funds to cover costs while attending Parliament sessions. A Delhi court had permitted him to attend the Monsoon session of Parliament between July 24 and August 4 under police escort.
Rashid, who defeated Omar Abdullah in the 2024 Lok Sabha elections, faces trial in a terror funding case for allegedly financing separatists and terror groups in Jammu Kashmir. He has been lodged in Tihar Jail since 2019, following his arrest by the NIA in 2017.
Justice Bhambhani emphasised that as an elected MP, Rashid has a duty to represent his constituents and that only transportation costs from jail to Parliament and back could legitimately be charged to him. He described the State’s demand that Rashid bear the cost of police escorts as “wholly unjustified.”
The high court’s preliminary hearing will clarify whether the costs order will be modified or the appeal will require reconsideration by a larger bench.
