Excelsior Correspondent
JAMMU, May 25: Division Bench of High Court comprising Justice Sanjeev Kumar and Justice Vinod Chatterji Koul today granted bail to PDP leader Waheed Ahmed Parra.
“From reading of the final report, it is abundantly clear that the prosecution is relying upon the evidence collected during the investigation which only points to the appellant having been seen in the company of one Yousaf Gadoora, an alleged over ground worker of a proscribed terrorist organization”, the DB said, adding “prima facie, 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”.
“Rather, the appellant is shown to be a member of a recognized political party i.e. Peoples Democratic Party which has remained in power in the erstwhile State of Jammu and Kashmir. 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 DB further said, adding “simply because the appellant has been seen on some occasions with a person with doubtful credentials cannot itself lead to the conclusion that the appellant is either a member of a terrorist organization or is lending support to such organization with an intention to further its activities”.
“Similarly, insofar as Section 17 of UAPA Act is concerned, it provides punishment for raising funds for the terrorist act. From reading of the final report, one would find that this charge owes its origin to the allegation of attempt made by the appellant to arrange five AK-47 rifles on payment of Rs 1 lakh for each”, the DB said, adding “the allegation further states that the deal though contemplated, did not materialize and was subsequently abandoned”.
After hearing both the sides, DB allowed the appeal and set-aside the order dated 20.07.2021 passed by the Special Judge, NIA Srinagar and the appellant was admitted to bail in connection with FIR No.31/2020 registered in Police Station, CIK Srinagar.
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