Srinagar: A court in Jammu and Kashmir has barred Waheed Parra, a close aide of People’s Democratic Party chief and former J&K Chief Minister Mehbooba Mufti, from travelling abroad to pursue a fellowship at Yale University.
Turning down a plea for the release of his passport, which was seized on the order of J&K high court by the National Investigation Agency (NIA) in May last year, the court upheld the prosecution’s argument that Parra could seek “political asylum” in the US if he was permitted to travel and “indulge in vicious smear campaign” to “defame India’s reputation and credibility”.
Parra, the youth president of Peoples Democratic Party which is headed by Mehbooba, was arrested by the NIA during an investigation into an anti-terror case filed under various sections of Unlawful Activities (Prevention) Act in 2020. If convicted, the PDP leader faces death sentence or life imprisonment in the case.
However, the J&K high court last year granted him bail in the case and ordered his release after around 19 months, terming the charges against him as “too sketchy”.
In April this year, Parra was chosen by the International Leadership Center at Yale University as the inaugural Yale Peace Fellow.
After the announcement, officials said Parra had filed an application in a NIA court in Srinagar on April 26, seeking release of his passport, which had been seized by the NIA on the high court order.
Parra had sought the court’s permission to travel to the US for pursuing the three-month peace fellowship from September to November this year.
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In his application, Parra’s counsel argued that his client was “presumed innocent until proven guilty” under the law and that the High Court had granted him bail “on merits” of the case which was filed by the Counter Intelligence Kashmir, a specialised counter-terrorism agency of J&K Police later designated as Special Investigations Agency (SIA), under FIR 31/2020 at its Srinagar office.
The government told the court through its counsel that if Parra was allowed to leave the country, he would use “anti-India entities within diaspora to influence” the ongoing investigation against him as well as the request made to “’evidence holding parties’ such as Google” under Mutual Legal Assistance Request (MLAT).
Parra has been charged under sections 13 (punishment for unlawful activities), 17 (raising funds for terrorism), 18 (terror conspiracy), 38 (membership of terrorist organisation), 39 (supporting terrorist organisation) and 40 (raising funds for terrorist organisation of Unlawful Activities (Prevention) Act and 120-B (criminal conspiracy) 121 (waging war against the government of India) 121-A (conspiracy to wage a war against the government of India) and 124-A (sedition) of Indian Penal Code.
According to documents, Parra had filed an affidavit in the NIA court while seeking permission to travel abroad that he will not violate the bail conditions imposed on him by the J&K High Court.
However, while rejecting the petition, the court held that the charges against Parra are “very grievous”, “The argument …. that there are chances of the applicant (Parra) fleeing from the country and there are apprehensions of the applicant trying to influence the collection of evidence in the USA merits consideration.”
The court observed that if Parra is given travel permission, it will “hamper” the trial of the case “which is at evidence stage”, “There are genuine apprehensions of the applicant fleeing from the country and him trying to disrupt the collection of evidence in the USA for which MLAT request has been sent through Govt. of India,” the court noted.
“The application is dismissed and shall form part of the main file after due compilation under rules,” the court of Additional Sessions Judge, Sandeep Gandotra, ruled on May 31, 2023.
The court, however, dismissed the government counsel’s argument that Parra should obtain travel permission from J&K High Court which had imposed restriction on his movement while granting him bail last year.
The state also told the court that there is a total bar on travel permission for a suspect whose passport has been impounded under UAPA. However, the judge didn’t agree with the prosecution.
“A discretion has been granted to the trial court to judiciously decide the period for which the passport shall be impounded and in particular facts and circumstances of the case said passport can be released by the trial court,” the judge ruled.
Also read: Explained: The Controversy Around PDP Youth Leader Waheed Para’s Detention
Earlier, the prosecution argued that Parra has “close links with foreign/local terrorists as well as funding, aiding and supporting the terrorists’ activities or terrorist organization” and if he was granted permission to travel, he “will interfere directly or indirectly with the investigation”.
“The accused is habitual offender and has been facing trial under the provisions of UAP Act before the court of Special Judge (Designated under NIA Act) at Jammu also,” the prosecution told the court.
Under this case, Parra has been accused of conspiring with the Hizbul Mujahideen militants to get their support for the PDP during the 2019 parliamentary elections. Both the PDP President and Parra have denied the allegations.
The prosecution also told the court that “there is every likelihood” that Waheed “concealed” his involvement in a terror case to the Yale university, “Under the UN Convention, the applicant was duty bound to make such declaration..… The essence of Peace Fellowship Program at the university … is in contrast and antithetical to the activities of the accused.”
“The fellowship is a mere means which has been managed by the applicant primarily to impede and disrupt the ongoing lawful further investigation’ and also to derail the proper trial of the case,” the prosecution told the court, adding that the charges against Parra “are not only serious but multifarious also.”
“There is every likelihood that the accused will interfere directly or indirectly … (and) cause serious prejudice to the ongoing investigation… If the accused is permitted to visit abroad, he will not only abscond and jump over (sic) the bail but also will take political asylum in the visiting country,” the prosecution said.
Last year, while ordering release of Parra, the J&K High Court had red-flagged a lower court’s denial of bail to the PDP leader, stating that the court has “not appreciated the matter in its true perspective” The court also observed that the evidence brought by the investigation agency against Parra was “too sketchy to be believed prima facie true.”
“We could not find any allegation in the final report which shows the association of the appellant with any terrorist organization, that too, with an intention to further its activities…. There is nothing believable on record to demonstrate that the appellant has supported any terrorist organization with an intention to further activities of such organization,” the high court said in its bail order.