Srinagar, Jan 16: People's Democratic Party leader Waheed Para has moved a court seeking permission to travel to Delhi for the treatment of his seven year old nephew who is suffering from life threatening disease and is on artificial support system.
Para, once described as a youth icon by union minister Rajnath Singh was allowed by the Court last year to travel to Mumbai for a week to accompany his cancer-ridden father to receive treatment.
Para was later denied permission to accompany his father again for treatment in Mumbai and Delhi and to attend a three month fellowship in Yale United States.
The PDP leader was booked under the anti-terror law UAPA for allegedly supporting “terrorist activities” and while granting him bail in May 2022, the High Court has prohibited him from leaving Jammu and Kashmir without permission from the trial court.
The National Investigation Agency has, opposed the latest plea of Para saying he ‘intends to flee from clutches of law'.
In his application before the Special Judge under section NIA Act, Parra pleaded that his nephew is admitted in AIIMS Pediatric Intensive care unit in Delhi and is suffering from life threatening disease known as ‘Autoimmune encephalitis' and is on artificial support system.
“The child is son of real sister of the applicant and the applicant is required to be with his family in the present difficult times. The father of applicant is also suffering from cancer and is under treatment at Bombay as well as Srinagar. The applicant is required for the assistance to the family as the child is admitted in Delhi for last 2 months and the parents of the child (sister and brother in law of the applicant) need help from the family,” Parra's lawyer pleaded.
Parra also submitted the medical records and other relevant documents of the nephew with the application.
However, the NIA in its objections to the application said that prosecution of evidences in the instant case is going on expeditiously on regular basis before this trial Court and there is strong apprehension that the applicant would misuse the liberty and may not come back to face the proceedings in relation to charge sheet that has already been filed.
“That, the investigations have revealed that the accused Waheed entered into the conspiracy with other co-accused for raising funds to procure arms and ammunition for the terrorists, of the banned terrorist organisation Hizb-ul- Mujahideen (HM) and LeT, operating in Kashmir valley. Besides, Waheed extended financial support to the separatist leaders for furtherance of secessionist activities in Kashmir valley,” the NIA said, adding that they have also challenged the impugned order of Court granting conditional bail to the applicant.
NIA in its response said the accused had previously sought permission for a fellowship program in the USA, which was eventually not pursued by the accused/applicant.
“Such repeated applications to travel outside the Union Territory of Jammu and Kashmir may be construed as a calculated strategy to evade justice amid the ongoing trial. Hence, it is requested that the accused/applicant be restricted from traveling outside Union territory of J&K,” the NIA said.
Granting approval for such travel poses a significant risk that the applicant/accused may exploit this opportunity to abscond, thereby eluding the jurisdiction of the court and obstructing the due course of justice.
Given the circumstances, it is imperative to consider the likelihood that if the applicant/accused is permitted to leave the Union Territory of J&K, there exists a substantial and credible risk that he may not return to face the trial proceedings as required by law,” the NIA said.
“The applicant/accused's request to travel outside the Union Territory of J&K raises concerns about potential flight from legal obligations and avoidance of the ongoing trial, thereby jeopardizing the integrity of the legal process and hindering the pursuit of justice in the instant case,” the NIA said.
The Court has not announced its verdict on Para's application.
