The Delhi High Court on Wednesday granted interim custody to Sheikh Abdul Rashid, the newly elected Member of Parliament from the Baramulla constituency, allowing him to visit his ailing father. Rashid, widely known as Engineer Rashid, is presently in judicial custody in connection with a case registered under the Unlawful Activities (Prevention) Act (UAPA).

The decision, delivered by a single-judge bench of Justice Swarana Kanta Sharma, comes in response to a plea filed by Rashid seeking temporary release on humanitarian grounds. His application highlighted the critical health condition of his father, prompting the court to consider a brief respite from his incarceration. This development closely follows Rashid's recent electoral victory in the Lok Sabha elections, where he secured a substantial mandate from the Baramulla constituency despite campaigning from behind bars.

Sheikh Abdul Rashid has been in judicial custody since August 2019. He was arrested by the National Investigation Agency (NIA) on charges alleging his involvement in terror funding activities in Jammu and Kashmir. The NIA's investigation posits that Rashid received funds from individuals and organizations with suspected links to proscribed terror groups, which he has consistently denied. The case against him remains ongoing, with trial proceedings continuing in a special NIA court. His continued detention presented a unique challenge following his election, as he sought to balance his legal obligations with the personal duty to his family.

To facilitate the visit while upholding the legal framework, the Delhi High Court imposed several stringent conditions for Rashid's interim custody:

  • Duration: Rashid is permitted to spend five days with his father, commencing from a date to be specified by the trial court.
  • Supervision: His entire five-day period outside judicial custody will be under continuous police escort and close supervision by the Jammu and Kashmir Police. This supervision ensures his movements are strictly confined to his father's residence in Sopore, Jammu and Kashmir, and any necessary medical facilities.
  • Restrictions: The court explicitly prohibited Rashid from engaging in any political activities, addressing the media, or interacting with anyone other than his immediate family during this period. This condition aims to prevent any potential misuse of the interim relief for public or political messaging.
  • Bonds: Prior to his release, Rashid is required to furnish a personal bond of ₹50,000 and a surety bond of the same amount to the satisfaction of the trial court.
  • Return to Custody: Upon the strict expiration of the five-day period, Rashid is mandated to surrender back into judicial custody at Tihar Jail, Delhi, without fail.

This interim relief granted by the High Court underscores the judiciary's careful consideration of humanitarian pleas, even within the context of serious charges like those under the UAPA. The court's order aims to strike a balance between an individual's fundamental right to care for an ailing parent and the ongoing legal process. While providing a temporary allowance, the imposed conditions reflect the court's vigilance in ensuring the integrity of the judicial proceedings and preventing any perceived interference or security risks.

Upon the conclusion of the permitted five-day period, Sheikh Abdul Rashid will return to Tihar Jail to continue his detention. His legal proceedings under the UAPA are expected to resume, and any future participation in parliamentary sessions or other official duties will remain contingent upon further court orders or the ultimate outcome of his ongoing trial.