Tag: Waheed Para

  • Terror conspiracy case: J&K HC grants bail to PDP leader Waheed Para

    By PTI

    SRINAGAR: The High Court of Jammu and Kashmir and Ladakh on Wednesday granted bail to PDP leader Waheed Para, who was arrested by the NIA in a terror conspiracy case in November 2020.

    While granting bail to Para against a surety of Rs 1 lakh, a division bench of the High Court comprising Justice Sanjeev Kumar and Justice V C Koul laid down several conditions on the PDP leader.

    The court directed Para to present himself before the investigating officer as and when required to, surrender his passport to the investigating officer of the case and not leave the Union Territory of Jammu and Kashmir without the prior permission of the trial court.

    Para, perhaps, has become the first person to benefit from the Supreme Court putting on hold trial of cases under section 124 A (sedition).

    The division bench listed the apex court ruling as one of the mitigating factors while allowing Para’s appeal for bail.

    “Regarding the sedition charges under Section 124-A IPC, the issue is governed by the recent judgment of the Supreme Court in the case of S.G. Vombatkere vs. Union of India, 2022 LiveLaw (SC) 470, whereby the Supreme Court has directed that all the pending trials, appeals and proceedings with respect to the charge framed under Section 124-A of IPC shall be kept in abeyance,” the court observed.

    The division bench said keeping in view the totality of circumstances and the discussion made hereinabove, “We are of the considered view that this appeal deserves to be allowed. Ordered accordingly.”

    “Consequently, order dated 20.07.2021 passed by the Special Judge, NIA Srinagar is set aside and the appellant is admitted to bail in connection with FIR No.31/2020 registered in Police 15 Crl A(D) No.15/2021 Station, CIK Srinagar,” the court order said.

    “The Superintendent, Central Jail, Srinagar, is directed to release the appellant, provided he is not involved in any other case, after the appellant furnishes before him a personal bond of rupees one lac with a surety of the like amount,” it said.

    The court observed that Para had not been charged under section 15 of the Unlawful Activities (Prevention) Act.

    “In the instant case, the appellant is not charged with Section 15 of UAPA Act and, therefore, the reverse burden provision contained in Section 43-E of the UAPA Act is not attracted.

    When we view the instant case in the light of settled legal position, we find that the trial Court has not exercised the discretion in consonance with the settled legal principles on grant or refusal of the bail,” the court said.

    “As is rightly contended by learned counsel appearing for the appellant that the appellant is charged under Section 18 of UAPA Act read with Sections 120-B and 121-A IPC, but no material or evidence is brought on record by the prosecution to sustain the charge,” the bench added.

    The court also said that viewed from any angle, the evidence assembled by the investigating agency and relied upon by the prosecution to prosecute the appellant even if accepted as it is without any denial or rebuttal by the appellant, is not such on the basis of which the Court can formulate an opinion that the allegations proved during the investigation are prima facie true.

    “The evidence as is gathered by the prosecution is too sketchy to be believed prima facie true, that too, with a view to deny bail to the appellant. The gravamen of allegation against the appellant is that he was hobnobbing with a member of a terrorist organisation with a view to further his political aspirations. The appellant is shown to be a member of mainstream political party i.e Peoples Democratic Party which has remained in power in the erstwhile State of Jammu and Kashmir,” it added.

  • Arrested PDP youth leader Para being kept under ‘inhuman conditions and tortured’, alleges Mehbooba Mufti

    By PTI
    SRINAGAR: PDP president Mehbooba Mufti on Wednesday alleged her party’s youth wing president Waheed Para, arrested by the Jammu and Kashmir Police, was being kept under “inhuman conditions and tortured” to compel him to admit to false charges.

    In a series of tweets, Mehbooba said it was ‘shameful and appalling’ and that such actions discredit and bring disrepute to the institutions meant to uphold law and order.

    “J&K CID has joined the list of central agencies that work to terrorise Kashmiris & falsely implicate them. Waheed is being persecuted & tortured to admit the false allegations. Since an admission didn’t happen he is being kept under inhuman conditions. This investigation has been fraudulent & politically motivated from day one,” she alleged.

    “The norm dictating such deceitful investigations is ‘Show me the man & I’ll show you the crime’. Shameful & appalling that these actions discredit & bring disrepute to the institutions meant to uphold law & order,” the former chief minister of Jammu and Kashmir further alleged.

    Para was first arrested by the National Investigation Agency (NIA) in a case related to his alleged links to the Hizbul Mujahideen terror outfit.

    He was later granted bail by an NIA court.

    However, two days later, the PDP youth leader was arrested by the police in Jammu and continues to remain in custody.

  • PDP youth wing president Waheed Para arrested again

    By PTI
    SRINAGAR: PDP youth wing president Waheed Para, who was granted bail by an NIA court Saturday, was arrested again on Monday by the Jammu and Kashmir Police over a case related to an alleged nexus involving politicians, terrorists and secessionist forces, officials said.

    The case was registered by the Criminal Investigation (Kashmir) range which has been probing terror cases and has filed over two dozen FIRs.

    Para was produced before a court in Jammu which remanded him to police custody till January 18, the officials said, adding he would be brought to Srinagar for questioning.

    He was arrested by the NIA on November 25 in a case related to his alleged links with Hizbul Mujahideen terrorists.

    Para, who recently won District Development Council (DDC) polls from his hometown in Pulwama district of south Kashmir, was granted relief on a surety bond of Rs 1 lakh and a personal bond of the like amount, the officials said.

    However, he was whisked away by sleuths of a security agency as he came out of the Jammu district jail upon being released, but it was not immediately clear whether he was wanted in any other case or detained for questioning.

    PDP president and former chief minister Mehbooba Mufti had expressed concern over his detention and sought intervention of Lt Governor Manoj Sinha for securing his release.

    “Despite NIA court granting bail to @parawhid after thorough court proceedings, he has now been detained by CIK in Jammu.

    Under what law & for what crime has he been arrested? This is brazen contempt of court.

    Request @manojsinha_ji to intervene so that justice is served,” Mehbooba had said in a tweet.

     

  • PDP president Mehbooba Mufti terms party leader’s arrest ‘political vendetta’

    By PTI
    SRINAGAR: PDP president Mehbooba Mufti on Monday termed the arrest of her party colleague Waheed Para an act of ‘political vendetta’ against her party for raising voice against “Delhi’s onslaught”.

    “After getting bail from NIA Court due to lack of evidence, @parawahid has now been booked under UAPA by CIK on fabricated charges in a terror case yet again. This is purely political vendetta against PDP for raising our voice against Delhi’s onslaught,” Mehbooba tweeted.

    She was reacting to Para’s arrest by the Counter-Insurgency Kashmir (CIK) wing of police on Monday, two days after he was granted bail by an NIA court in the case related to the PDP youth wing president’s alleged links with Hizbul Mujahideen militant outfit.

  • PDP youth leader Waheed Para granted bail in ‘terror-link’ case by NIA court

    By PTI
    JAMMU: PDP youth president Waheed Para was on Saturday granted bail by an NIA court here after remaining in custody for one-and-a-half month for his alleged links with terrorists of Hizbul Mujahideen.

    Para, who recently won district development council (DDC) elections from his home town Pulwama district of south Kashmir, was produced in the NIA court, which granted him the relief on a surety of Rs one lakh, officials said.

    He was arrested by the National Investigation Agency (NIA) on November 25 last year, a few days after filing nomination papers as a People’s Alliance for Gupkar Declaration (PAGD) candidate.

    The NIA had said Para was arrested in connection with the Naveed Babu-Davinder Singh case for supporting Hizbul Mujahideen in conspiracy with the other accused persons, a charge denied by PDP which had termed his arrest as ” “politically motivated”.

    Para was considered to be a key motivator for youth to join mainstream politics in Pulwama and adjoining Shopian district of south Kashmir when militancy was raising its head there again.

    As secretary of J&K Sports Council from 2016 to 2018, Para played a major role in organising sporting events in nook and corner of the erstwhile Jammu and Kashmir state which included the Ladakh region.