In a significant development, the Jammu and Kashmir High Court has granted permission to Peoples Democratic Party (PDP) legislator Waheed Ur Rehman Para to travel outside the Union Territory. The order was passed by a single bench of Justice Sanjay Dhar, allowing the Pulwama MLA to undertake journeys for official legislative duties.
Court's Conditional Order and Travel Details
The court's permission is not absolute and comes with a set of stringent conditions designed to ensure compliance with the ongoing legal process. Waheed Para is required to furnish a detailed itinerary of his travel plans to the investigating agency of the National Investigation Agency (NIA) before his departure. Furthermore, he must inform the agency about his return to Jammu and Kashmir immediately upon coming back.
The order was passed in response to an application filed by Para, who sought the court's nod to travel to New Delhi and other parts of the country. His petition stated that the travel was necessary to fulfill his responsibilities as a Member of the Legislative Assembly, which include attending meetings and other legislative functions.
Background of the UAPA Case
This legal relief comes amidst an ongoing case against the PDP leader. Waheed Ur Rehman Para was booked by the NIA in 2020 under the stringent Unlawful Activities (Prevention) Act (UAPA). The allegations against him are serious, linking him to activities related to terrorist financing and being in contact with Hizbul Mujahideen militants.
Despite these grave charges, Para contested and won the Assembly election from the Pulwama constituency in 2023. His victory and subsequent role as an MLA formed a key part of his argument for needing to travel, emphasizing the democratic duties of an elected representative.
Legal Proceedings and Future Implications
The court's decision highlights the balance between the legal process and the constitutional role of an elected legislator. Justice Sanjay Dhar's bench, while acknowledging the serious nature of the charges, considered the applicant's need to perform his public duties.
The order explicitly states that the permission is granted solely for the purpose of attending to his work as an MLA. It does not imply any relaxation in the ongoing investigation or the judicial process related to the UAPA case. The NIA continues its probe, and Para remains an accused in the matter, with the travel permission being a procedural facilitation under court supervision.
This ruling sets a notable precedent, demonstrating how courts navigate the intersection of individual rights, legal restrictions in security-related cases, and the functional requirements of India's democratic institutions. The conditions attached ensure that investigative agencies retain oversight of the movements of an individual facing serious charges under anti-terror laws.
