‘Not a law-abiding citizen’: NIA opposes relaxation of bail conditions for PDP leader Waheed Para

In a four-page reply to an application moved by Para seeking relaxation of bail conditions to allow him to move outside Jammu and Kashmir, the NIA gave a detailed account of his case and said the plea needs to be dismissed as the accused may flee from the clutches of law.

Para was granted bail by an NIA court but was directed not to leave the Union Territory without seeking permission from the court.

The PDP MLA, whom the NIA first arrested on November 25, 2020, got bail on January 9, 2021. However, he was not released from jail in Jammu and was arrested by the Criminal Investigation (Kashmir) wing of Jammu and Kashmir Police, which has now been converted to State Investigation Agency (SIA).

He was later released on bail by the Jammu and Kashmir High Court in 2022.

The PDP legislator recently moved the special NIA court here, seeking exemption of court permission to travel outside Jammu and Kashmir, but within the country, for his constitutional duties.

However, the NIA said that present bail conditions in no way prevent the accused from performing his duties as an MLA. The NIA said, “The accused, Waheed-ur-Rehman Para, is not a law-abiding citizen and stands implicated in serious offences affecting national security.

“Any application seeking blanket permission to travel outside the Union Territory of J&K should be viewed as a calculated attempt to evade justice during a critical stage of the trial.” The agency reasoned that any relaxation in bail conditions will raise serious concerns regarding Para’s intent to avoid legal proceedings and circumvent the ongoing trial.

“Granting the requested relief may create a substantial risk of the accused absconding and thereby frustrating the due process and administration of justice,” the agency said.

Para was released after 18 months in 2022 in a terror-related case by the high court, which said the evidence gathered by the prosecution was “too sketchy” to deny him the relief.

In its 15-page order, the bench asked Para to present himself before the investigating officer as and when required, and not leave Jammu and Kashmir without the prior permission of the trial court.

The high court observed that Para had not been charged under Section 15 of the Unlawful Activities (Prevention) Act (UAPA), which states that whoever does any act with an intent to threaten or likely to threaten the unity, integrity, security or ¬sovereignty of India or with an intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country can be punished from five years to life sentence.