Srinagar: After four years, People’s Democratic Party leader Waheed-ur-Rehman Para, accused in a “terror conspiracy” case, was granted permission to travel within the country by the High Court of Jammu & Kashmir and Ladakh on Tuesday.
Para was granted bail by a division bench of the High Court in May 2022 on a surety of Rs 1 lakh with directions to be present before the investigating officer as and when required, and to surrender his passport and not leave the Union Territory of Jammu and Kashmir without the prior permission of the trial court.
Para had moved an application for allowing relaxation of the condition for travel outside Jammu and Kashmir.
A division bench comprising Justices Vinod Chatterji Koul and Sanjeev Kumar while hearing the application by Parra seeking permission to travel within India ordered “…the petitioner (Para) shall be entitled to leave the Union Territory of Jammu and Kashmir and move within the country after intimating his location and purpose of visit to the trial court.”
In his petition versus UT of J&K through investigating officer P/S Counter Intelligence, Parra through his counsel Shariq J Reyaz, pleaded that the applicant is a Member of Legislative Assembly (MLA) and has to move out of the Union Territory time and again in connection with his official and other duties.
It also pleaded that the condition in his 2022 bail order “he will not leave the Union Territory of Jammu and Kashmir without prior permission of the trial court”, is creating a lot of hardship and inconvenience to him. The applicant has to approach the trial court, every time he has to go out of Union Territory, for seeking permission.
The two judge bench in view of the submissions made by Parra’s counsel held “it would be in the interest of justice to modify the condition No. (ii) of the aforesaid bail order”.
It accordingly ordered “the petitioner shall be entitled to leave the Union Territory of Jammu and Kashmir and move within the country after intimating his location and purpose of visit to the trial court”.
It directed “the order dated 25th May, 2022 shall stand modified to the aforesaid extent”.
Para was arrested by the NIA in November 2020 in connection with a case for allegedly supporting the Hizbul Mujahideen terror outfit, a charge denied by the PDP, which had termed his arrest as “politically motivated”.
He got bail in January 2021, but before he could walk out of jail, the Jammu and Kashmir police arrested him.
While granting him bail in 2022, the High Court had said that the evidence assembled by the investigating agency and relied upon by the prosecution to prosecute him “is too sketchy to be believed prima facie true”.
Pertinently, Parra had moved the court in October this year for modification of the travel restrictions within the country. However, the State Investigation Agency (SIA) had urged the court to dismiss the application calling it meritless owing to his involvement in “serious and heinous” offences.
The state counsel had said that the precondition of seeking prior permission before travelling outside J&K is a crucial ingredient.
