It is a limited form of relief from the court in a matter that involves a terror-funding case. The judge has made it a point to have him surrender on June 2, when the present leg of his bail is up, before he can be out for the family rituals at the end of the month.
You could say the order is a way to put in a small window for what is due to the family without making light of the custodial setup. Rashid has been behind bars for six years and more, ever since they put him in jail in 2019 for an alleged violation of the UAPA.
What the court ordered
Justices Prathiba M Singh and Madhu Jain were the ones who put the stamp on the release for the 25th through the 30th. They did so to let him be there for the 40th day ceremonies. And they were plain about it: any new interim bail will be on the same old terms.
Then there is the matter of the May 18 bail, which was for the last rites after his father passed. Once that one runs its course, the bench has told him to report back on June 2.
Conditions that will apply
Nothing changes on the rulebook for the time he is out in late June. The court is keeping the stipulations from the May 18 order in place to see to it that his comings and goings are well in hand:
– He is to be in the company of no fewer than two off-duty police at all times.
– There is an escort for the trip between Tihar and Srinagar.
– A visit to the grave or a house of worship is fine.
– Anywhere else from home is off limits.
The court has been clear: this isn’t a softening of the rules, just a fixed-time concession for the occasion.
How we got here
There have been a few of these short-term bails over the course of the case, having to do with his father’s health and then his passing. Back on April 28, the court let him have a week to see his father in Srinagar, and later on extended it to May 10 when he was moved to AIIMS.
After the loss, the bench on May 18 opened the door for him to be out until June 2 for the final rites. Now, with Tuesday’s ruling, you have another opening for the 40th day traditions a bit later on.
Case background and charges
Sheikh Abdul Rashid is the MP for Baramulla. The NIA took him in 2019 over a 2017 case and he has been in Tihar in Delhi ever since.
A special NIA court put the charges on the table in March 2022, a couple of years after a chargesheet was filed in October 2019. We’re talking about sections 120B, 121 and 124A of the IPC, along with the hard line of the UAPA.
According to the NIA, he was in on a plot with some terror outfits to put money into separatist causes. That is the trial he is in for.
What comes next
He has to put in an appearance on June 2. After that, provided he has followed the letter of the law, he will be let out once more for the 25th to the 30th for the 40th day, with the same kind of oversight.
For the rest of the time, he is in custody as the case against him on terror funding makes its way through the system. The High Court hasn’t changed a thing on the bail front, nor has it waded into the substance of the case. It is simply a narrow allowance for a family matter.
