Legal – Delhi High Court Seeks NIA Response on MP Bail Change Request
Legal – The Delhi High Court on Monday asked the National Investigation Agency (NIA) to respond to a plea filed by Baramulla Member of Parliament Abdul Rashid Sheikh, who is seeking changes to the conditions of his interim bail. The request comes after a sudden deterioration in his father’s health, prompting urgent medical treatment in the national capital.
Request to Travel to Delhi for Family Emergency
Senior advocate N Hariharan informed the court that Sheikh’s father was initially in Srinagar but had to be airlifted to Delhi on April 2 due to a serious health condition. He is currently undergoing treatment at AIIMS. However, Sheikh remains in Srinagar because the existing court order restricts his movement outside the region.
The plea seeks permission for the MP to travel to Delhi and be with his father during this critical period. Sheikh had been granted interim bail on April 28 and was released on April 30. The current bail period is scheduled to end on May 6.
Court Issues Notice, Schedules Hearing
A division bench comprising Justices Prathiba M Singh and Madhu Jain took note of the submission and issued a notice to the NIA. The matter has been listed for further hearing on Tuesday. The bench also indicated that the interim bail period could be extended by a few days if required.
Conditions Imposed During Interim Bail
While granting interim bail earlier, the High Court had set several strict conditions. Sheikh was directed to remain at the hospital where his father is admitted and limit his interactions strictly to family members. He was also instructed to keep his mobile phone active at all times.
Additionally, the court ordered that two officials would accompany him during this period, with the cost to be borne by the NIA. The MP was also required to surrender after one week of release.
Debate Over Residence and Movement
During the proceedings, the court declined Sheikh’s request to stay in his allotted MP residence in Delhi. Instead, it directed his legal team to provide an alternative address where he would stay if allowed to travel to the capital.
His counsel suggested that his official residence could still be considered, but the bench remained firm on its earlier stance. The issue of accommodation remains unresolved and may be taken up in the next hearing.
Opposition from NIA
The NIA opposed the plea for modifying bail conditions. Senior advocate Siddharth Luthra, along with special public prosecutor Akshay Malik, argued against granting further relaxation. Malik submitted that Sheikh could be escorted from Tihar Jail to AIIMS under custody, eliminating the need for bail modification.
The agency also expressed concerns that granting extended liberty might influence witnesses in the ongoing case. It pointed out that one witness has already turned hostile, raising apprehensions about possible interference.
However, the bench did not accept this argument and declined the suggestion of custody parole as an alternative.
Background of the Case
Sheikh has been in custody since August 19, 2019, in connection with a terror funding case being investigated by the NIA. Over the past few years, he has been granted limited relief on specific occasions, including interim bail for filing election nominations and campaigning, as well as custody parole to attend parliamentary sessions.
The current plea adds another layer to the legal proceedings, balancing humanitarian grounds with concerns raised by the investigating agency.
Next Steps in Proceedings
The court will hear the matter again on Tuesday, where the NIA is expected to present its detailed response. The outcome will determine whether Sheikh is allowed to travel to Delhi and whether any changes will be made to the existing bail conditions.
The case highlights the court’s effort to weigh personal circumstances against legal and investigative considerations in sensitive matters.