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Permits Jailed MP to Perform Father's Last Rites Under Tight Security
In a compassionate yet carefully guarded order, the on , granted to Baramulla MP Abdul Rashid Sheikh, popularly known as Engineer Rashid, until . The relief enables him to conduct his late father's burial and perform essential customary rituals following the death of Haji Khazir Mohammad Sheikh at AIIMS, New Delhi.
A division bench of Justices Prathiba M. Singh and Madhu Jain balanced the pressing humanitarian needs arising from bereavement against the gravity of charges in an terror-funding case.
A Son's Urgent Plea Amid Prolonged Incarceration
Engineer Rashid, elected from the Baramulla constituency in 2024, stands as Accused No. 18 in Case No. 2/2018. He has remained in since 2019, exceeding six years and eight months, apart from brief periods of and granted earlier for parliamentary duties.
The present application arose after the appellant's father passed away in the intervening night of . Rashid sought permission to return to Srinagar to lead funeral prayers, oversee burial, observe the four-day mourning period, and conduct subsequent ceremonies including Rasm-e-Chaharum, Quran recitations, and observances around Eid-ul-Adha.
The confirmed the factum of death, paving the way for the court's consideration.
Previous Relief and Shifting Circumstances
Earlier, on , the same bench had allowed a one-week for Rashid to meet his ailing father in Srinagar. When the father's health deteriorated further, the court modified the order on to permit daily visits at AIIMS, Delhi, between 8 a.m. and 8 p.m. under police watch.
The father's sudden demise transformed the nature of the relief sought from visitation rights to participation in final rites.
Strict Conditions to Address Security Concerns
While allowing the , the court imposed comprehensive safeguards:
- Rashid must remain accompanied at all times by at least two plain-clothes police officials from Tihar Jail until his return from Srinagar.
- He is restricted to two designated residences — House No. 345, Jawahar Nagar, Srinagar and House No. 11, Mawar Payeen, Langate, Kupwara — along with the burial ground and places of worship for rituals.
- Meetings with anyone outside immediate family require the presence of police personnel.
- Only one mobile number, kept switched on and shared with the investigating officer, is permitted.
The court explicitly barred contact with witnesses or their families and stipulated automatic cancellation upon any unlawful activity.
Balancing Compassion with Judicial Vigilance
The bench recognized the irreplaceable personal loss while reaffirming that in serious cases must come with robust oversight. The order noted that the appellant shall not leave the country and must surrender immediately upon expiry of the bail period.
By directing the jail superintendent to facilitate same-day travel to Srinagar, the court ensured the appellant could reach in time for the evening funeral prayers.
Implications for Future Humanitarian Bail Pleas
This ruling underscores that courts may grant limited, strictly conditioned even in cases involving stringent statutes like , when genuine family bereavement is established. The emphasis on constant police presence and geographic restrictions provides a template for similar requests balancing individual grief against broader security considerations.
The matter now stands listed for .
