PDP leader Waheed Parra influential person, won election even when in jail; could influence witnesses: Special NIA Court rejects bail plea

If personal liberty of an individual is pitted against considerations of security of State, the latter will prevail, a Special National Investigation Agency (NIA) Court at Srinagar said on Tuesday rejecting the bail application of PDP leader Waheed Parra in relation to offences under the Unlawful Activities Prevention Act (UAPA) [Waheed-Ur-Rehman Parra v. Union Territory of J&K]. .The Court highlighted that Parra is an influential person who won elections to the District Development Council (DDC) even when he was in jail indicating that he could tamper with evidence and influence witnesses if released on bail. ."Petitioner is a highly influential person who has won the elections even during his confinement in jail and if he is enlarged on bail, there are full chances of tampering/ winning over evidence of prosecution and no witness would come against the petitioner even in court to depose against him if enlarged on bail," the Court said. .The Court also opined that the accused is allegedly involved in serious and heinous offences under the provisions of UAPA and waging war against the Union Territory of Jammu & Kashmir (J&K) and if enlarged on bail, the unity, integrity, security and sovereignty of UT of J&K as well as of India could be endangered. "The allegations against the petitioner are grave, heinous, and serious in nature that that if a balance is to be struck vis-a-vis the personal liberty of the petitioner and the security of the State/ UT, it is the interest of the UT which shall prevail," the Court added. .Parra has been accused of establishing clandestine connections with terrorists and secessionist organisations which are operating in J&K. Parra misused his political affiliations for the same and remained in touch with a number of militants, it was alleged by the Police. He was detained by the Criminal Investigation Department (Kashmir) in FIR No. 31/2020 for commission of offences under section 13, 17,18, 39, 40 of UAPA and Sections 124-A, 120-B, 121, 121-A of Indian Penal Code..Mushtaq Ahmad Dar and Arzaan Ahmad, advocates who appeared on behalf of Parra, contended that Parra is a young budding politician and a prominent leader of PDP who has been "fighting and crushing anti-India elements and anti-India sentiments." It was submitted that Parra has embraced the Constitution of India and "loves India more than than his life" as evidenced by him contesting elections even during times when threat from militancy was substantial. It was his case that the FIR against him was lodged solely on the basis of political vendetta by the rival political parties.."Political rivalries have become the order of the day. Ruling parties are tie and again blamed for framing opponents who may greatest patriots," it was contended. .The Court, however, rejected the arguments stating that “a perusal of the CD file transpired that in the grab of a politician, the petitioner had been playing an active role in funding the militants and had also been demanding arms and ammunition against payment by misusing his position.”A politician like the petitioner does not have the license to indulge in unlawful activities by funding and aiding terrorists, it said. The petitioner took undue advantage of his status and position and his bank accounts showed huge transactions though the source of the same could not be discerned at this stage, the Court added. .The petitioner, if released, could tamper with evidence and influence witnesses, the Court underscored rejecting the bail plea. .Last month, the J&K High Court had stayed administration of oath via virtual mode, to Parra who was elected District Development Council (DDC) member for Pulwama District.A special NIA court at Jammu had allowed Parra to take oath via virtual mode but the High Court had stayed the same while clarifying that the Union Territory of J&K shall be at liberty to administer oath to Parra physically after taking permission from the concerned court.