The Delhi High Court has modified its previous order regarding jailed Baramulla MP Sheikh Abdul Rashid, also known as Engineer Rashid, now permitting him to visit his ailing father at the All India Institute of Medical Sciences (AIIMS) in Delhi. The court’s decision allows Rashid to spend 12 hours a day with his father until May 10, under specific conditions.
The bench, comprising Justices Prathiba M Singh and Madhu Jain, clarified that Rashid would be escorted back to jail after his daily visit to AIIMS. This modification comes after the court’s initial order, which granted Rashid interim bail to see his father in Srinagar. The updated ruling ensures Rashid can be with his father, who has been transferred to AIIMS for treatment. As per information available with TahirRihat.com, the conditions of the interim bail remain the same, including the presence of at least two plainclothes police personnel accompanying Rashid.
The court specified that the police officials are to remain outside the ward where Rashid’s father is admitted. This arrangement seeks to balance Rashid’s need to be with his ailing father and security concerns raised by the National Investigation Agency (NIA). The court stated, (according to Daily Excelsior) that the modification allows Rashid to meet his father daily from 8 am to 8 pm until May 10, ensuring his continued confinement after this period.
During the proceedings, the NIA’s counsel requested the removal of a condition that permitted Rashid to use a mobile phone. However, the court dismissed this request, deeming it impractical. The NIA counsel argued that leaving Rashid with a mobile phone for an extended period without direct police supervision could pose risks. The court responded (Daily Excelsior reported) that if Rashid needed to use a mobile phone, he could use his father’s or another family member’s device, clarifying that Rashid is permitted to use a mobile phone during his time outside of jail.
The court had initially granted Rashid interim bail on April 28, stipulating that he could either visit his father at the hospital in Srinagar or stay at home. This interim bail was set to expire on May 6, before the recent modification allowing the AIIMS visit. On Monday, the court granted Rashid time to provide a local Delhi address after he requested permission to return to Delhi to be with his father following his transfer to AIIMS. Rashid’s senior counsel informed the court that accommodation had been arranged for this purpose, as Rashid has no relatives residing in Delhi.
The NIA counsel argued that since Rashid’s father was now in Delhi, there was no necessity for him to stay in rented accommodation, referencing that even when Rashid was permitted to attend Parliament, he was under custody parole. Custody parole involves armed police personnel escorting a prisoner to their destination. The court agreed with the NIA’s argument that verifying a new address would be problematic, stating, (according to Daily Excelsior), “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.”.
On Monday, the court had previously denied Rashid’s request to stay in the flat allocated to him as a Member of Parliament, citing potential security concerns related to housing him alongside other MPs. The court’s order was issued while addressing Rashid’s appeal against the trial court’s April 24 decision to deny him interim bail. Rashid has been incarcerated in Delhi’s Tihar Jail since 2019, following his arrest by the NIA in connection with a 2017 terror-funding case. He faces charges under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act, including criminal conspiracy, waging war against the government, and sedition.
A special NIA court in March 2022 framed charges against Rashid and others after he was named in a chargesheet in October 2019. The allegations involve funding separatist and terror groups in Jammu and Kashmir. The current proceedings in the Delhi High Court focus on the humanitarian aspect of allowing Rashid to be with his ailing father while also addressing the security concerns raised by the NIA in the context of the serious charges against him. The court’s modified order attempts to find a balance between these competing considerations.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.
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