Excelsior Correspondent
SRINAGAR, Aug 17: The High Court today declined to grant interim stay to the proceedings initiated by the Special Judge designated under NIA Act Srinagar against the People’s Democratic Party youth president Wahid-ur-Rehman Parra.
Justice Vinod Chatterji Koul has issued notice to Investigating Officer P/S Counter Intelligence (CIK) Kashmir for filing his response to the plea of Parra within the period of four weeks. Court has also sought response from the respondent to the interim application of Parra within the same period.
Parra has challenged the FIR No. 31/2020 registered against him under Section 13, 17, 18, 39, 40 of Unlawful Activities Act read with section 120-B, 121, 121-A, and 124-A of Indian Penal Code. Parra is seeking quashing of FIR along with the investigation initiated in pursuance thereto and the final report and charge sheet filed before the court of Special Judge designated Under NIA Act, Srinagar.
He challenged the FIR on the ground that the same offences are contained in FIR 5/2020 and the supplementary charge sheet filed on March 22, 2021 before the Special Judge under NIA Act at Jammu by submitting that the said FIR and the charge sheet on the same allegations and evidence as previous charge sheet invoking the section of law is impermissible in law.
The investigation under the said FIR was taken over by the National Investigating Agency and the petitioner was arrested in the said case on November 2020. Parra as per his pleadings before the court was admitted to bail by the Sessions Court Jammu in January 2021 and immediately after his bail, he was arrested in the FIR in question again.
He, through his senior counsel, submitted that the FIR in question is tainted with the vice of malice in law, having been registered only to attain the collateral purpose of detaining him illegally and unlawfully being in blatant abuse of police power, violating with impunity the Constitutional rights guaranteed under Article 21 of the Constitution of India.
It is added that the NIA filed second charge supplementary charge sheet before the court of Sessions Judge Jammu wherein the petitioner has been arraigned as accused no. 11 in the said supplementary charge sheet.
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