Delhi High Court grants interim bail to Baramulla MP Engineer Rashid to visit his ailing father

The Delhi High Court on Wednesday granted an interim bail of one week to Baramulla MP Abdul Rashid Sheikh alias Engineer Rashid to enable him meet his ailing father who is on ventilator support in Srinagar.

A Division Bench of Justices Prathiba M Singh and Madhu Jain said that Rashid shall remain at his residence or at the hospital, where his father is receiving treatment, during the period of bail.

Rashid has been in custody for more than 6 years.

"After going through records, Court is of the opinion that this is a fit case for grant of interim bail for one week," the Court said.

Rashid is currently in Tihar Jail as an accused in the terror funding case under the Unlawful Activities Prevention Act (UAPA). He was arrested in 2019.

He won the Baramulla Lok Sabha seat in 2024 Lok Sabha polls by defeating current Jammu and Kashmir Chief Minister Omar Abdullah by over two lakh votes. 

A special NIA court framed charges against him in March 2022 under various sections of the Indian Penal Code and the UAPA, including criminal conspiracy, waging war against the state and terror funding. He has challenged that order before the High Court.

Today, Senior Advocate N Hariharan, appearing for Rashid, highlighted his father’s deteriorating health and pressed for grant of interim bail to him.

“He seems to be in his last leg. He was hospitalised for a medical procedure. We never expected father to fall ill in this fashion,” he added.

Hariharan also said that Rashid was earlier granted bail to campaign for the assembly elections in Jammu and Kashmir.

Opposing his plea for interim bail, NIA argued that a witness has already turned hostile during ongoing trial. However, Hariharan said that the witness alleged harassment by the NIA. 

“He stated that he was scared of NIA officials. One official said "maaro saale ko". This is the statement. They say I have pressured him,” the senior counsel added.

NIA counsel responded that the certain aspects related to the witness have been placed before the Court in a sealed cover. However, the Bench questioned the secrecy.

“What is confidential here? Why can't you disclose it? We don't think there is anything confidential. It's better that it is disclosed and it may be easy for you to argue. There is no harm in disclosing this.”

NIA then retracted certain portions from the report and provided it to Rashid’s counsel. Senior Advocate Siddharth Luthra, appearing for the NIA, also submitted that Rashid should only be granted custody parole. However, the Court did not agree with the request.

“We have to bear in mind he is an MP who was allowed bail to campaign. But not in custody parole,” the Bench said.

NIA was represented by Senior Advocate Sidharth Luthra and Special Public Prosecutor Akshai Malik