Delhi HC allows jailed Baramulla MP to meet ailing father at AIIMS

Jailed Baramulla MP Abdul Rashid Sheikh has been permitted by the Delhi High Court to meet his ailing father at AIIMS. A bench modified his interim bail, allowing him to be escorted from Tihar Jail to the hospital from 8 AM to 8 PM daily.

Baramulla MP Abdul Rashid Sheikh has been allowed by the Delhi High Court to meet his ailing father in AIIMS. The high court directed the authorities to take him to AIIMS from Tihar Jail and then back to Tihar Jail in the evening.

Court Modifies Bail for MP to Visit Father

Division bench of Justices Prathiba M Singh and Madhu Jain allowed the modification of the earlier interim bail order allowing Abdul Rashid Sheikh to meet his father, who is admitted in AIIMS Delhi. The High Court has ruled that during the day, he will stay with his father in AIIMS from 8 AM to 8 PM. He has also been allowed to use a mobile phone during the interim bail.

Abdul Rashid Sheikh, alias Rashid Engineer, had sought modification in the interim bail order to enable him to come to Delhi and meet his father, who was shifted to AIIMS Delhi from Shrinagar. The interim bail is also extended till May 10. Earlier, he was granted interim bail to meet his father in Shrinagar hospital.

Background of the Plea

The Delhi High Court on Monday issued notice to the NIA on a plea of Baramulla MP Abdul Rashid Sheikh seeking modification of the order granting him interim bail to stay with his father, who was earlier hospitalised in Srinagar. His father has been airlifted to AIIMS Delhi.

Abdul Rashid Sheikh prayed to allow him to stay with his father in AIIMS. He was granted bail on April 28. He was released on April 30. The High Court had also asked him to furnish an address in Delhi where Abdul Rashid Sheikh will be residing during the period of interim bail.

Senior advocate N Hariharan had submitted that Abdul Rashid Sheikh's father's health turned serious, and he was airlifted to Delhi on April 2 and has been admitted to AIIMS. Abdul Rashid Sheikh is in Srinagar as he is not allowed to go to any other place as per the order of the High Court. Senior counsel had submitted that he can stay at his official residence in Delhi.

Advocate Akshay Malik opposed the submissions and contended that Abdul Rashid Sheikh can be taken to AIIMS from Tihar Jail. The bench said that interim bail can be extended for 2-3 days.

Advocate Vikhyat Oberoi, counsel for Abdul Rashid Sheikh, mentioned the matter before the Delhi High Court to modify the order of interim bail granted to him. He had prayed to modify the order to enable him to come to Delhi to meet his father, who is now shifted to Delhi AIIMS from Srinagar. He had moved an urgent application seeking modification, and the same was mentioned before the bench of Justices Prathiba M Singh and Madhu Jain. Advocate Vikhyat Oberoi had mentioned the matter and stated that Abdul Rashid Sheikh, alias Engineer Rashid, was granted interim bail to meet his ailing father, who was admitted to a hospital in Srinagar. Now the family has moved their father to AIIMS Delhi for better treatment. His counsel had said that Abdul Rashid Sheikh is stuck in Srinagar. So it is prayed to modify the order to enable him to come to Delhi to meet his father.

Bail Conditions and Legal Arguments

On April 28, the Division bench of Justices Prathiba M Singh and Madhu Jain had granted interim bail to him on furnishing a bail bond of Rs one lakh and one surety in the like amount. While granting interim bail, the High Court had imposed conditions that he will remain in the hospital where his father is admitted, he shall not interact with any person other than his family members, and he will keep his mobile phone switched on. He will be accompanied by two officials, and the cost will be borne by the NIA. He shall surrender after one week.

The High Court had also noted that Abdul Rashid Sheikh is an MP. He was earlier granted interim bail to file an election nomination and for campaigning. He was granted custody parole to attend the parliament session.

Senior advocate N Hariharan alongwith Advocate Vikhyat Oberoi, had appeared for Abdul Rashid Sheikh. Advocate Akshay Malik alongwith Khawar Saleem, appeared for the NIA. NIA had raised the apprehension that the witnesses may be influenced if he is granted interim bail. One witness has already turned hostile. It was submitted by NIA that it has no objection if he is granted custody parole. The bench rejected this submission and prayer.

The trial court had rejected his plea for interim bail. He is in custody in a terror funding case with the NIA. He was arrested on August 19, 2019. (ANI)

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