NEW DELHI, May 5: The Delhi High Court on Tuesday modified its earlier interim bail order and permitted jailed Baramulla MP Sheikh Abdul Rashid, popularly known as Engineer Rashid, to meet his ailing father at AIIMS Delhi every day until May 10.
A division bench comprising Justices Prathiba M Singh and Madhu Jain directed that Rashid would be allowed to remain with his father from 8 am to 8 pm daily. After the permitted hours, he would return to jail custody.
The court clarified that all earlier security-related conditions imposed during interim bail would continue to remain in force. At least two police personnel in plain clothes will accompany Rashid during the visits, while security staff will remain stationed outside the hospital ward.
The bench observed that the intention behind its previous April 28 order was to allow the MP to spend time with his father during his medical treatment. Since Rashid’s father had now been shifted from Srinagar to Delhi for treatment, the court decided to modify the earlier arrangement accordingly.
“Since the appellant’s father is already in AIIMS Delhi and the purpose of the previous order was to permit him to spend time with his father, he shall be allowed to meet him from 8 am to 8 pm till May 10,” the court stated.
However, the bench made it clear that Rashid would continue to remain in judicial custody after visiting hours end each day.
During the hearing, counsel representing the National Investigation Agency (NIA) raised objections regarding certain relaxations granted to the MP. The agency sought removal of the condition allowing Rashid to use a mobile phone while outside jail custody.
The NIA argued that unrestricted access to a phone during such long periods outside prison supervision could create security concerns. The agency suggested that if communication was necessary, Rashid could use a family member’s phone instead.
The court, however, rejected the plea and termed the objections “impractical.” It clarified that Rashid would continue to be permitted to use a mobile phone during the period he remained outside jail under the court’s directions.
Earlier, the High Court had granted interim bail to Rashid on April 28, allowing him to either stay at his home or visit the Srinagar hospital where his father was undergoing treatment. The interim relief was originally scheduled to end on May 6.
On Monday, Rashid approached the court again after his father was shifted to AIIMS Delhi. His counsel informed the bench that a rented accommodation had been arranged in the national capital since the MP did not have relatives residing in Delhi.
The NIA opposed this request as well, arguing that there was no requirement for Rashid to stay in a rented premises because his father was already admitted to a hospital in Delhi. The agency also pointed out that whenever Rashid had previously been allowed to attend Parliament proceedings, he was granted only custody parole under police escort.
The High Court agreed with the agency’s concern regarding accommodation verification and declined permission for Rashid to stay in the rented flat. The bench remarked that address verification could not be completed immediately and therefore such permission could not be granted.
The court had also earlier refused Rashid’s plea to stay at the government accommodation allotted to him as a Member of Parliament. The bench observed that permitting him to stay in premises housing other MPs could raise security concerns.
The latest order came during the hearing of Rashid’s appeal challenging an April 24 order of the trial court, which had denied him interim bail.
Engineer Rashid has remained lodged in Delhi’s Tihar Jail since 2019 after being arrested by the National Investigation Agency in connection with a 2017 terror funding case related to Jammu and Kashmir.
According to investigators, Rashid allegedly provided financial support to separatist elements and terror-linked groups operating in the region. A chargesheet filed in October 2019 named him among several accused in the case.
In March 2022, a special NIA court framed charges against Rashid under various sections of the Indian Penal Code, including criminal conspiracy, sedition, and waging war against the government, along with offences under the Unlawful Activities (Prevention) Act related to terror activities and terror financing.