Srinagar: The High Court of Jammu and Kashmir and Ladakh on Tuesday issued notice to Counter Intelligence Kashmir (CIK), police for response in a plea of PDP youth leader Waheed Ahmad Parra seeking quashing of FIR and trial proceedings registered against him on alleged nexus with militant groups ‘on the same set of allegations.’
The Court of Justice Vinod Chatterji Koul while issuing notice to respondent, Investigating Officer CIK and Srinagar for response in the main plea also issued interim notice in an application seeking stay on trial proceedings at NIA Court Srinagar.
Parra through advocate Riyaz Ahmad Jan and Shariq Jan moved a plea before the court submitting that an FIR no.31/2020 registered by CIK, Srinagar is full of malice and without any warrant/authority as the said FIR has been registered on the same set of allegations and offences as was registered in previous FIR 05/2020 at Police station Qazigund for which the investigation was taken up the NIA and accordingly the petitioner was bailed out on 9 January 2021.
“Invoking the same sections of law is impermissible in law rendering the FIR and the investigation bereft of any warranty, sanction or authority, violation of the constitutional guarantees to the petitioner under Article 21 of the constitution of India which is necessary and liable to be quashed in order to prevent the abuse of legal process and to secure the ends of justice,” the plea stated.
On 25 November 2020, three days after Parra filed his nomination papers for the District Development Council (DDC) elections from south Kashmir’s Pulwama district, the NIA detained him.
The FIR filed on 5/2020 registered at police station Qazigund on 11 January 2020 alleged that Parra hatched a conspiracy to support the Hizbul Mujahideen militant along with a former deputy superintendent (DSP) of J&K police Davinder Singh.
Police alleged that Parra had a conversation over phone with Naveed Babu a militant arrested alongside Singh in Kashmir’s Qazigund area.
Though he was granted bail on all these charges by Jammu NIA court in January 2020, he was detained by the CIK that same day in an ‘open’ FIR (unrelated to police jurisdiction of the alleged offence), with the same charges as before and brought to Srinagar jail.