Excelsior Correspondent
JAMMU, Jan 22: High Court today stayed the order of the Special Judge NIA/3rd Additional Sessions Judge (TADA/POTA Court) whereby DC Pulwama (District Election Officer) was directed to administer the oath of office to Wahid Ur Rehman Parra, who was elected as DDC Member.
The stay was granted in a petition filed by the Govt through Aseem Sawhney, Additional Advocate General. High Court issued notice to the respondent (Parra) and directed that the matter be listed on 17.02.2021.
“Meanwhile, subject to objections from the other side and till next date of hearing, operation of the impugned order dated 28.12.2020 shall remain stayed. However, the petitioner shall be at liberty to administer the oath to the respondent physically after taking permission from the concerned court.” the High Court directed.
Additional Advocate General Aseem Sawhney submitted that respondent Waheed-ur-Rehman Parra was booked by the NIA in case FIR No. RC01/2020/NIA/ JMU under Section 18/19/20/38/39 of UA(P) Act, Section 7/25 IAA and 3/4 ES Act.
“The order dated 28.12.2020 passed by the Court of 3rd Additional Sessions Judge, Jammu (Special Judge under Section 11 of NIA Act), Jammu in bail application titled Waheed-ur-Rehman Vs Union Territory of J& was illegal and without jurisdiction”, the Government said, adding Waheed-ur-Rehman Parra was booked by the National Investigating Agency (NIA) and later remanded by the Court of Special Judge under National Investigation Act to the judicial custody in District Jail Amphalla, Jammu.
The respondent had filled up his nomination for the District Development Council member seat of 11-Pulwama-1st Constituency and was declared elected.
However, the District Panchayat Officer Pulwama as per procedure envisaged under law sent a communication to the respondent at his address informing him about the oath ceremony which was scheduled on 28.12.2020.
Since he was lodged in District Jail Amphalla, therefore, Parra moved an application for permitting him on interim bail or in the alternative sought direction to Superintendent District Jail, Amphalla Jammu to make necessary arrangements for the oath ceremony of the respondent.
Since the respondent averred in his petition that the oath ceremony by personal appearance was not possible, therefore, he requested the Trial Court/ Special Judge, under Section 11 of NIA Act to direct his oath ceremony through video conference.
“The Trial Court without issuing of any notice or without inviting any objections from the petitioner, or even NIA for this matter allowed the application on 28.12.2020”, the AAG said, adding “the order impugned has is bad, ex-parte and illegal”.
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