Delhi High Court allowed Sheikh Abdul Rashid to meet father at AIIMS Delhi daily for 12 hours till May 10, with police escort and mandatory return to jail.
The Delhi High Court allowed jailed Baramulla MP Sheikh Abdul Rashid, popularly known as Engineer Rashid, to meet his ailing father at AIIMS Delhi for 12 hours daily until May 10. The relief came by way of a modification of an earlier order granting him interim bail in a terror funding case.
A Bench comprising Justice Prathiba M Singh and Justice Madhu Jain clarified that although Rashid would be permitted to spend time with his father at the hospital, he must return to jail after the permitted hours each day. The Court also maintained earlier conditions, including the requirement that at least two plainclothes police personnel accompany him. It was further directed that the police officials would remain stationed outside his father’s ward.
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Modifying its previous direction which had allowed Rashid to visit his father in Srinagar the Court noted that the father had since been shifted to Delhi for treatment.
It accordingly observed:
“Since the appellant’s father is already in AIIMS Delhi and the intention of the order dated April 28 was for the appellant to spend time with his father, the order is modified to the effect that the appellant be permitted to meet his father from 8 am to 8 pm on a daily basis till the 10th of May. After the time elapses, the appellant shall continue to be lodged in jail,”
The Court also rejected a request made by the National Investigation Agency to withdraw the condition permitting Rashid to use a mobile phone during this period, terming such objections impractical. While the NIA argued that “anything was possible” if the accused had access to a mobile phone without continuous police supervision, the Bench responded that he could use a phone belonging to his father or family members if necessary. The Court clarified that Rashid would be allowed to use a mobile phone only during the time he is out of jail.
By way of background, the Court had on April 28 granted interim bail to Rashid, permitting him either to visit the hospital in Srinagar where his father was earlier admitted or to remain at his residence. This interim relief was initially set to expire on May 6. However, developments changed when Rashid’s father was shifted to AIIMS Delhi for advanced medical care.
During proceedings on Monday, the Court granted time to Rashid to provide a local address after he sought permission to return to Delhi from Srinagar to be with his father. His senior counsel submitted that he had arranged rented accommodation in Delhi, as he had no relatives in the city. The NIA opposed this request, contending that since his father was now in Delhi, there was no need to permit him to stay in a separate residence. It further pointed out that even earlier, when Rashid was allowed to attend Parliament, he was granted custody parole rather than independent stay.
Accepting this contention, the Court declined to permit Rashid to reside in a rented accommodation.
It observed
“You can go 8 am to 8 pm.”
“He (NIA counsel) is right to the extent that we can now not start the verification of this address. Without that, we can’t permit,”
The Bench had also earlier refused to allow Rashid to stay at the official accommodation allotted to him as a Member of Parliament, citing security concerns given the presence of other MPs in the same premises.
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The present order was passed in an appeal filed by Rashid challenging a trial court’s decision dated April 24, which had denied him interim bail. Rashid has been in custody since 2019, when he was arrested by the NIA in connection with a 2017 terror funding case in Jammu and Kashmir.
According to the prosecution, Rashid is accused of allegedly funding separatist activities and terror groups. He was named in a chargesheet filed in October 2019, and in March 2022, a special NIA court framed charges against him and others under provisions including criminal conspiracy, waging war against the government, and sedition under the Indian Penal Code, along with offences under the Unlawful Activities (Prevention) Act relating to terrorist acts and funding.
The High Court’s order thus balances humanitarian considerations with security concerns, allowing Rashid limited access to his ailing father while ensuring continued custody and adherence to strict conditions.
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