Delhi High Court: Engineer Rashid UAPA Bail, NIA Asked on Conditions

• The Delhi High Court asked the NIA about granting conditional bail to jailed Baramulla MP Abdul Rashid Sheikh, also known as Engineer Rashid.
• Justices Prathiba M Singh and Vikas Mahajan suggested mandatory residence in Delhi as a bail condition to address concerns about his influence in Kashmir.
• Engineer Rashid was arrested in 2019 in connection with a 2017 terror-funding case and faces charges under the UAPA and IPC.
• He was chargesheeted in October 2019, and formal charges were framed against him in March 2022.
• Despite his incarceration, Abdul Rashid Sheikh won the 2024 Lok Sabha elections from the Baramulla constituency.

The Delhi High Court's exploration of conditional bail for Engineer Rashid, particularly the suggestion of geographical restrictions, marks a notable development in UAPA proceedings.

The Delhi High Court recently initiated an inquiry with the National Investigation Agency (NIA) regarding the potential release on bail of Abdul Rashid Sheikh, widely known as Engineer Rashid. Sheikh, a Member of Parliament representing Baramulla, is currently incarcerated in connection with terror funding allegations under the Unlawful Activities (Prevention) Act (UAPA).

During proceedings on Wednesday, a Division Bench comprising Justices Prathiba M Singh and Vikas Mahajan suggested that strict conditions could be imposed for Sheikh's bail. Specifically, the court proposed that mandatory residence in Delhi could be a prerequisite, aiming to mitigate any perceived threat stemming from his physical presence and local influence in Kashmir. The court directly questioned the NIA on its stance should such a condition, requiring Sheikh to remain exclusively in Delhi after securing a residence, be implemented.

Engineer Rashid's detention stems from a 2017 terror-funding case, for which the NIA arrested him in 2019. Following his arrest, the investigative agency filed a chargesheet against him in October 2019. Subsequently, a special NIA court formally framed charges against Sheikh in March 2022.

The charges against the Baramulla MP encompass various provisions of both the Indian Penal Code (IPC) and the UAPA. These include serious allegations such as criminal conspiracy, waging war against the state, and terror funding. Sheikh has remained in Tihar Jail since his arrest, awaiting trial in this high-profile case.

The Delhi High Court's exploration of conditional bail for Engineer Rashid, particularly the suggestion of geographical restrictions, marks a notable development in UAPA proceedings. This approach, focusing on mitigating perceived risks through stringent conditions like mandatory residence outside a specific region, could set a precedent for future bail applications in terror-related cases.

Adding another layer of complexity to his situation, Abdul Rashid Sheikh successfully contested and won the 2024 Lok Sabha elections from the Baramulla constituency while still in prison. This electoral victory underscores his continued public support and political relevance, even as he faces grave charges and the ongoing legal battle for his freedom.

This development signals potential judicial willingness to consider conditional bail for high-profile UAPA accused, even in terror funding cases, by imposing strict geographical restrictions. Lawyers should observe how the NIA responds and if this approach influences future UAPA bail applications, particularly regarding conditions aimed at mitigating perceived threats.

Source: Original reporting via Bar and Bench