Srinagar: The High Court Tuesday issued notice to the government through CIK Kashmir on Peoples Democratic Party (PDP) youth leader Waheed-ur-Rehman Parra’s plea seeking quashing of FIR and subsequent framing of charges by a special court here against him for alleged offences under Unlawful Activities (Prevention) Act and IPC.
A bench of Justice Vinod Chatterji Koul asked the government to file response to the plea within four weeks after hearing senior counsel R A Jan on behalf of Parra.
A special court has framed charges against Parra based on a charge-sheet by Police claiming that he was an asset for Pakistan-based militant groups and that his 13-year journey as a journalist and politician from 2007 was a “saga of subterfuge, deceit and double-dealing”.
In his plea, Parra has sought quashing of the FIR (No 31/2020 that was registered on 22 December 2020 against him under sections of Unlawful Activities Prevention Act (UAPA) and Indian Penal Code (IPC).
He is also seeking to quash the charge-sheet and framing of charges by the Special NIA Court.
Parra contends that the FIR and subsequent charge-sheet suffer from “vice of being without jurisdiction”.
He submits that on the very same allegations and evidence an FIR (05/2020) re-registered as RC 0I/2020/ NIA/JMU and the supplementary charge-sheet dated 22 March 202 stands filed before the Special Judge NIA Court at Jammu.
He contends that in “the face of the said FIR and the charge-sheet a new FIR and charge-sheet on the same allegations and evidence as the previous charge-sheet invoking the same sections of law is impermissible in law”.
He said order dated 20 July 2021 by the special court, framing charges against him “suffers from non-application of mind in as much as the trial court has not even prima facie discussed the import and applicability of the stringent sections of UAPA vis-à-vis the allegations and the evidence against him.
He said sanction for prosecution as contemplated under Section 45 of UAPA being important for launching prosecution under the UAPA has not been accorded by the sanctioning authority.
He pleads that in absence of any sanction as contemplated under the UAPA, the charge-sheet as well as the order dated 20 July 2021 framing charges against him was rendered without jurisdiction violating with impunity the constitutional guarantees guaranteed to him.
The CIK, a wing of the CID, had submitted the charge-sheet before the special court alleging that Parra was hand-in-glove with the militants.