CIK extends Para’s remand

KT NEWS SERVICE. Dated: 1/30/2021 4:06:27 PM

NIA challenges bail

SRINAGAR, Jan 29: A Jammu and Kashmir court has extended the remand of Waheed Para to Jammu and Kashmir’s Criminal Investigation Kashmir (CIK) by five more days from 30 January on Friday.
After Para was granted bail by the National Investigation Agency court on 9 January, he was taken away by the CIK in a “case related to an alleged nexus involving politicians, terrorists and secessionist forces,” officials said, according to PTI.
Para, who is president of the youth wing of People’s Democratic Party (PDP), was initially arrested by the NIA merely days after he filed his nomination for the District Development Council elections. Para, imprisoned by the NIA during elections, had won his seat from Pulwama.
Meanwhile, according to local news agency KMS, National Investigation Agency (NIA) has challenged bail order of its own court granted to PDP leader, Waheed-ur-Rehman Parra.
The NIA challenged the order in the High Court of the occupied territory. After hearing Additional Solicitor General of India, Vishal Sharma appearing for NIA, a Division Bench of the High Court comprising Justice Ali Mohammad Magrey and Justice Puneet Gupta issued notice to respondent.
During the course of hearing, Vishal Sharma submitted before the Court that Trial Court has appreciated the evidence which is not the scope of grant of bail while the matter is still under investigation. He submitted that mere perusal of impugned order shows as if Special Judge is deciding matter on charge/discharge of final charge-sheet ignoring fact that case is still under investigation.
Para was arrested by the NIA on 25 November last year following a disclosure statement by Hizbul Mujahideen militant Naveed Baba, who was arrested along with then J&K Police Deputy SP Davinder Singh on 11 January. However, the court observed that offences, particularly those under the Unlawful Activities Act (UAPA), “are not prima facie made out against the applicant/accused”.
Highlighting loopholes in the NIA’s case, including non-mention of any reference of Para in its original or the supplementary chargesheet, the judge questioned the basis of his arrest on the “so-called disclosure statement” of the militant.
The court noted that its “legal value” was “seriously hit by Section 25 of the Evidence Act”, which says that such confessional statement can only be recorded under Section 164 CrPC by a magistrate. Not one protected witness named Para, the judge said.

 

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