Terror Funding Case: Engineer Rashid Moves Delhi High Court to Seek Presence with Ailing Father at AIIMS Delhi

Baramulla Member of Parliament (MP) Sheikh Abdul Rashid, popularly known as Engineer Rashid, has moved the Delhi High Court seeking a modification of his interim bail conditions. Rashid, who was previously restricted to Srinagar during his one-week interim bail, has requested permission to relocate to Delhi to attend to his father, who has been moved to the All India Institute of Medical Sciences (AIIMS) in the capital.

The Baramulla MP was granted a one-week interim bail on April 28 by the High Court to visit his ailing father. However, the court’s order specifically confined him to Srinagar for the duration of this period. Since then, the health of Rashid’s father worsened, necessitating his airlifting from Srinagar to AIIMS Delhi for specialized treatment.

On Monday, Rashid’s counsel argued that the current court-imposed geographical restrictions have separated the MP from his father at a critical time. “I am stuck in Srinagar. I am not allowed to come. He is here. I am there,” the senior counsel representing Rashid submitted before the court.

During the hearing, Rashid’s counsel suggested that the MP could stay at his officially allotted flat in Delhi. However, a bench comprising Justices Prathiba M Singh and Madhu Jain raised significant security concerns regarding this proposal.

The court observed that the flat is located in a complex housing other Members of Parliament. “That is not good enough. You can’t be in the MP house where other MPs are living. I can’t permit that. It will be a security issue,” the bench remarked. Following this observation, the senior counsel agreed to provide the address of a private residence for the court’s consideration.

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The National Investigation Agency (NIA) opposed the modification of the interim bail. The NIA counsel contended that since the interim bail is set to expire on May 6, and Rashid’s father is reported to be in stable condition, there is no pressing need to modify the current arrangement.

The NIA further suggested that if Rashid needs to visit his father, he should be permitted to do so via “custody parole” from jail, rather than through an extension or modification of interim bail. Custody parole involves the prisoner being escorted to the destination by armed police personnel.

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Engineer Rashid has been in custody since 2019 following his arrest by the NIA in a 2017 terror-funding case. He is accused of funding separatists and terror groups in Jammu and Kashmir. In March 2022, a special NIA court framed charges against him under various sections of the Indian Penal Code, including criminal conspiracy (120B), waging war against the government (121), and sedition (124A), alongside charges under the Unlawful Activities (Prevention) Act (UAPA).

The High Court has directed Rashid to furnish a local private address and has listed the matter for further hearing on Tuesday.

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