The Delhi High Court on Tuesday modified its earlier interim bail order for jailed Baramulla MP Sheikh Abdul Rashid, popularly known as Engineer Rashid, permitting him to meet his ailing father at the All India Institute of Medical Sciences (AIIMS) in Delhi. Under the revised terms, Rashid is allowed to spend 12 hours daily (from 8 am to 8 pm) with his father until May 10, after which he must return to jail for the night.
Engineer Rashid has been in custody at Tihar Jail since 2019 following his arrest by the National Investigation Agency (NIA) in a 2017 terror-funding case. He was charged in October 2019, and a special NIA court later framed charges under the Indian Penal Code—including criminal conspiracy, waging war against the government, and sedition—alongside various sections of the Unlawful Activities (Prevention) Act (UAPA).
On April 28, the High Court had initially granted Rashid interim bail to visit his father in Srinagar. However, the situation changed when his father was shifted to AIIMS Delhi for specialized treatment. This prompted Rashid to approach the court for a modification of the order to allow him to stay with his father in the national capital.
During the proceedings, Rashid’s senior counsel informed the court that he had rented accommodation in Delhi specifically for this purpose, as Rashid has no relatives in the city. The counsel also sought permission for Rashid to stay at this rented premise or the flat allotted to him as a Member of Parliament.
The NIA counsel strongly opposed these requests. The agency argued that since the father was now in Delhi, there was no necessity for Rashid to stay in rented premises. Regarding the MP flat, the NIA contended that allowing him to stay there could pose a security risk to other parliamentarians.
Furthermore, the NIA raised concerns about Rashid using a mobile phone. The counsel argued that “anything was possible” if the accused possessed a phone for a long duration without immediate police supervision. The agency suggested that if communication was necessary, he should use his family members’ devices instead.
The bench, comprising Justices Prathiba M. Singh and Madhu Jain, observed that the core intent of the April 28 order was to allow the appellant to spend time with his father during his illness.
“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,” the bench remarked.
The court agreed with the NIA regarding the accommodation, noting that verifying a new rented address on short notice was not feasible. It had previously refused permission for him to stay in the MP flat due to potential security issues.
Addressing the NIA’s concerns about mobile phone usage, the court dismissed the agency’s request to withdraw the permission, calling the submission “impractical.” The court clarified that Rashid would be permitted to use the mobile phone during the period he is out of jail.
The High Court ordered that Rashid be escorted to AIIMS daily under custody parole. The modified order stipulates:
- Visiting Hours: 8 am to 8 pm daily until May 10.
- Security: At least two police personnel in plain clothes must accompany Rashid.
- Positioning: Police officials are directed to stand outside the father’s ward during the visits.
- Night Custody: After the daily 12-hour period elapses, Rashid must be lodged back in jail.
The bench emphasized that all other conditions from the previous interim bail order remain in effect.
