Srinagar, July 28, 2021 (PPI-OT):In Indian illegally occupied Jammu and Kashmir, the bail application of pro-India Peoples Democratic Party (PDP) leader Waheed-ur-Rehman Parra has been rejected for the second time in five months by a special court which said “prima facie” terror charges levelled against the accused seem to be “true at this stage”.
The 24-page bail order passed by the special court of India’s National Investigation Agency in Srinagar, however, rejected the contention of the prosecution that a fresh bail application should not have been entertained by the court as no fresh development has taken place since the last rejection in February.
While rejecting Parra’s bail application, the special judge said the contention raised by the defence counsel “herein cannot be considered at this stage and the good grounds do not exist at this stage which would warrant the release of the accused on bail in view of the given facts and circumstances governing the matter in hand”.
“And at present I am satisfied in view of the material placed on the record that the alleged offences leveled against the accused/applicant (Parra) herein appears to be prima facie true at this stage,” the order said. The order rejecting the bail was given earlier this month but it was made available on Monday.
Parra’s counsel Shariq Reyaz had urged for cancellation of the FIR under which the PDP leader had been arrested and contended that the same case was being probed by the National Investigation Agency, therefore rendering the probe by police as “void ab-initio and non-est” (having no legal validity from the beginning) in law.
The counsel said the material relief by the police against Parra was the sum and substance of the NIA charge sheet filed in a Jammu court from where he has already been granted bail. He contended before the court that Parra comes from a respectful family with a clean track record and being a political figure of eminence having deep roots in the soil will not jump the bail or fleeing from justice, in case the court grants it.
The defence counsel stressed on the fact that his client was a political worker and a member of a regional political party – PDP – who was duty bound to interact with the general public. Listening to “the grievances of the public is the job of politicians irrespective of the fact whether the interacting person is a good citizen or a criminal or whatsoever. The interaction of the politician with party members or voters does not amount to any offence,” he contended.
The judge in his order rejected the contention of the Parra’s counsel for quashing of the FIR and said “to the understanding of this court quashing of FIR is out of the jurisdiction of this court and the issue raised can only be properly addressed after the trial of the case and it is premature stage to assess and decide” whether the two cases – one probed by the NIA and the second by police – are the same or not.
The judge said that the points raised by the defence counsel can only be addressed during the course of the trial. The designated court has also framed charges against Parra which included allegedly being a member of a militant group, raising funds for them as well as aiding an outfit. He was also charged under sections related to waging war against India, spreading disaffection against the government and criminal conspiracy.
“I have gone through the police report as well as the statements of the witnesses of the prosecution and have applied my mind into the present facts and circumstances levelled in the police report…as well as statements of the witnesses and the digital evidence against the accused, there is sufficient evidence against the accused for alleged commission of offences,” the judge had said in his order while framing the charges against Parra.
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