The National Investigation Agency (NIA) has demanded rest in his bail conditions on the petition of People’s Democratic Party (PDP) leader and MLA Wahid Para.
While Para has told the court that he allows him to travel to any part of the country without the permission of the court, citing his constitutional obligation as an MLA, the NIA has urged the court to dismiss the plea that “the intention of the applicant/accused is to escape from the laws of the law”.
The NIA said in the objections filed before the NIA court in Jammu, “In any way the said bail conditions prevent the accused from discharging their constitutional duties as an elected MLA.” “In the event that their presence in advancing any constitutional obligation is especially necessary outside the center area of J&K, the honorable court may consider such requests based on the case-sess”.
The People’s Democratic Party leader, one of the three MLAs of the Para Party, won the election last year. Para Pulwama represents the assembly segment.
Para was arrested in an alleged terrorist case in 2020, granted bail by the court in 2021. The court, however, laid down some bail conditions, including the court’s permission to travel outside the center area. As a result, Para claims that he could not include his father, a cancer patient, who was hospitalized outside UT. Para was also not allowed to participate in her nephew, who was admitted to Delhi Hospital.
Both died last year.
The NIA has stated in its objections that paragraph “is not a law to follow a citizen and is involved in serious crimes related to national security”.
“It has been presented that the test is being conducted rapidly in the immediate case (A)
Regular base before this LD. The trial court and the strong apprehension that the applicants/ accused will misuse freedom and cannot return to face proceedings in relation to the charge sheet, which has already been filed, “the NIA has said in its objections.
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It further said: “To exempt the terms of bail, such arguments raise serious concerns about the intention of the applicant to avoid legal proceedings and to sideline the ongoing test … Any application seeking a blanket permission to travel outside the Union area of Jammu and Kashmir should be seen as a calculating attempt to avoid justice during a significant phase of testing”.
The NIA has said that Para, along with some other accused, hatched a “conspiracy to raise funds for terrorists for the purchase of weapons and ammunition” and “to increase financial assistance to separatist leaders to carry forward separatist activities in the Kashmir Valley.
However, the PDP says that Para is being targeted for their political views and the PDP was part of the government’s arrest after going out of the BJP coalition government in 2018.
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