14 June, Srinagar: An application by People’s Democratic Party (PDP) youth leader Waheed Ur Rehman Para to participate in a three-month Peace Fellowship Programme at YALE University in the United States of America was denied by a special court designated under the National Investigation Agency (NIA) Act in Srinagar, according to Barandbench.
The Court said that Para has been accused of sponsoring, helping, and supporting terrorist actions and organisations, as well as having strong relationships with international and local terrorists. It was noted that Para faces the death penalty or life in jail if found guilty of the charges he faces under the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code (IPC).
The special judge, Sandeep Gandotra, agreed that there are valid concerns that Para may abort the gathering of evidence against him by leaving India.
Because “there are genuine apprehensions of the applicant fleeing the country and him trying to disrupt the collection of evidence in the USA for which MLAT request has been sent through government of India,” the order states, “the trial of the case will get hampered which is at evidence stage.”
Para was released on bail by the High Court of Jammu & Kashmir and Ladakh on May 25, 2022. One of these restrictions is that he can’t leave Jammu and Kashmir without the trial court’s approval. He was also had to hand up his passport to the officer conducting the investigation.
After being selected as the first YALE Peace Fellow for the 2023 academic year (September – November), Para petitioned the NIA court for permission to go overseas and the return of his passport.
The Public Prosecutor (PP) raised concerns about the Fellowship, saying it may hinder the current investigation and trial of Para.
The PP also argued that allowing Para to travel would be illegal since his passport is considered seized under Section 51 of the UAPA.
The special court disagreed with the PP’s interpretation of Section 51, UAPA, holding that the trial court has the authority to determine the appropriate length of time for a passport to be held and, in appropriate cases, to order its release.The Court denied Para’s request to leave the country because it was worried his absence would compromise the ongoing investigation and trial against him, which is now in the evidence stage.
