New Delhi: The Delhi High court on Wednesday heard submissions on behalf of Baramulla MP Abdul Rashid Sheikh, alias Engineer Rashid, who is praying for modification of the order imposing a condition to bear expenses to attend the parliament in custody.
It was submitted by senior counsel on behalf of Rashid that he is unable to represent the people of his constituency due to this condition imposed on him.
Engineer Rashid is seeking modification on the March 25 order imposing a condition to deposit Rs. 4 Lakh as expenses for travelling etc.
The division bench comprising justices Vivek Chaudhary and Anup Jairam Bhambhani listed the matter for further hearing on August 12.
Senior advocate N. Hariharan, along with advocate Vikhyat Oberoi appeared for Engineer Rashid. They submitted that he is seeking modification of the order regarding the expenses.
Justice Chaudhary said that you are seeking a review of earlier order.
The Court asked the counsel Tell us whether it is maintainable for modification or in review?? Can we hear or you to go before the bigger bench.
Senior Hariharan said that I’m not challenging the merit of the order. I just want modification of the cost imposed.
I am not challenging the order; I am not seeking review of the court. I am just seeking a modification, senior counsel submitted.
Senior counsel Siddharth Luthra appeared for NIA and submitted that the order passed by the court was a consent order.
The senior counsel for Engineer Rashid submitted that the interim bail was argued. We agreed for custody parole, not the cost of travelling.
He was granted parole without a cost earlier. He was asked to pay the expenses from the third time. Earlier he was allowed to attend the parliament without paying any cost.
The bench said that whenever the custody parole is granted, the expenses are borne by the person who got relief.
The bench said that we referred to the supreme court order in Tahir Husain case. Stated has computed some expense. How can this be justifiable before us?
On the last hearing, another bench has asked the counsel for Rashid to press the modification application before the concerned bench that had passed the order on March 25.
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