The Delhi High Court on Friday delivered a split verdict on a petition filed by jailed Jammu and Kashmir MP Abdul Rashid Sheikh, popularly known as “Engineer Rashid,” who sought modification of an earlier order requiring him to deposit about ₹4 lakh with jail authorities in order to attend Parliament while in custody.
A division bench of Justices Vivek Chaudhary and Anup Jairam Bhambhani differed in their opinions. While Justice Chaudhary dismissed Rashid’s plea, Justice Bhambhani allowed it.
“We have not been able to concur with each other. We have given two separate judgments. It will have to be placed before the Chief Justice for appropriate orders,” the judges said while pronouncing the verdict.
Justice Chaudhary added, “My brother (Justice Bhambhani) has allowed the application. I ended up rejecting it.”
The petition sought modification of a coordinate bench’s order dated March 25, which directed Rashid to deposit approximately ₹4 lakh with the jail authorities as a precondition to attend parliamentary sessions. Rashid, who is the Member of Parliament from Baramulla, defeated National Conference leader Omar Abdullah in the 2024 Lok Sabha elections while being incarcerated.
He is currently lodged in Tihar Jail in connection with a 2017 terror funding case investigated by the National Investigation Agency (NIA). The case stems from allegations that funds were channelled to separatists and terror groups in Jammu and Kashmir. His name allegedly surfaced during the interrogation of co-accused businessman Zahoor Watali.
Rashid was arrested by the NIA in 2019 and later chargesheeted under several sections of the Indian Penal Code — including 120B (criminal conspiracy), 121 (waging war against the government), and 124A (sedition) — as well as provisions of the Unlawful Activities (Prevention) Act related to terrorist acts and terror financing. Charges were formally framed by a special NIA court in March 2022.
He was granted interim bail for a month in September 2024 to campaign in the Jammu and Kashmir Assembly elections.
With the judges now divided, the matter will be placed before Chief Justice B.R. Gavai for assigning it to a third judge who will render the decisive opinion.
