Delhi High Court Considers Conditional Bail for Engineer Rashid
On Wednesday, the Delhi High Court deliberated on the possibility of granting bail to Abdul Rashid Sheikh, commonly known as Engineer Rashid, who is currently detained in connection with terror funding charges. The court has requested the National Investigation Agency (NIA) to present its stance on potentially releasing Rashid on bail with stringent conditions.
The Division Bench, comprised of Justices Prathiba M Singh and Vikas Mahajan, suggested measures such as restricting Rashid’s residence to Delhi to mitigate any potential threats in Kashmir, given his significant local influence. The court is reviewing NIA’s opposition to Rashid’s bail plea, stemming from charges under the Unlawful Activities Prevention Act (UAPA).
Conditional Release Discussed
Addressing the NIA, the court inquired, “What the Court is putting to you is, the biggest threat from him is his physical presence in Kashmir because he has a lot of local influence. Suppose there is suspension subject to the condition that he will remain only in Delhi, what is your response? If he finds a place of residence and remains only in Delhi?”
Rashid has been incarcerated at Tihar Jail since his arrest by the NIA in 2019 concerning a 2017 terror-funding case. He was formally charged 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. Despite his imprisonment, Rashid contested the 2024 Lok Sabha elections and won the Baramulla seat, defeating Jammu and Kashmir’s current Chief Minister, Omar Abdullah, by over 200,000 votes.
The court urged Senior Advocate Siddharth Luthra, representing the NIA, to obtain instructions on whether Rashid could be granted bail. The bench acknowledged Rashid’s influential status in Kashmir while noting his nearly seven-year detention and the substantial number of over 240 witnesses involved in the case.
NIA’s Opposition to Bail
The NIA has opposed Rashid’s bail application, emphasizing the severity of the charges and the substantial evidence suggesting his prima facie guilt. The agency highlighted that the trial court has already framed charges against him and accused Rashid of attempting to influence a protected witness, who subsequently turned hostile.
However, the High Court has urged the NIA to reconsider its stance on releasing Rashid under strict conditions. The next hearing on this matter is scheduled for November 3.
Representing Rashid, Senior Advocate Hariharan and advocate Vikhyat Oberoi presented his case, while Special Public Prosecutor Akshai Malik appeared for the NIA.
