Jammu and Kashmir Lieutenant Governor Manoj Sinha has ordered the appointment of a special public prosecutor specifically for a six-year-old Unlawful Activities (Prevention) Act (UAPA) case. The appointment concerns a case involving Waheed Para, a legislator from Pulwama and a leader of the Peoples Democratic Party (PDP).
Information was available with The Chenab Times that the Jammu and Kashmir Home Department issued an order on Thursday appointing Abdul Rashid Dar, who serves as an Additional Public Prosecutor in the National Investigation Agency (NIA) Court in Srinagar, as the special public prosecutor. This appointment is for the investigation identified by FIR No. 31/2020, which was registered by the Counter Intelligence Kashmir wing at Police Station CIK Srinagar.
The notification, officially conveyed by Principal Secretary Home Chandraker Bharti, stated that Dar’s appointment falls under Section 18(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023. His mandate is to conduct the case that is presently pending before the Special Judge (TADA/POTA) in Srinagar. The directive was issued in accordance with an order from the Lieutenant Governor of Jammu and Kashmir.
The legal framework invoked in the case includes several sections of the Unlawful Activities (Prevention) Act, 1967, specifically Sections 13, 17, 18, 38, 39, and 40. These provisions address offenses such as unlawful activities, raising funds for a militant organisation, and conspiracy, facilitation, or support of militant activities. In addition, Sections 120-B, 121, and 121-A of the Indian Penal Code are applicable, pertaining to criminal conspiracy and waging war against the state.
Waheed Para, who was the PDP youth president at the time, was initially booked by Counter Intelligence Kashmir. The allegations against him included supporting and providing funds to militants and maintaining networks associated with separatism and militant activities. His detention occurred on November 25, 2020, shortly after he submitted his nomination papers for the District Development Council (DDC) elections from Pulwama.
Despite being in custody, Para successfully won the DDC election from Pulwama. However, he was subsequently prevented from taking his oath of office, even after being granted bail. He spent over eighteen months in jail before the Jammu and Kashmir High Court granted him bail in May 2022. At the time of granting bail, the High Court had noted that the evidence presented by the prosecution appeared, prima facie, to be insufficient or too lacking to justify denying bail.
The Supreme Court of India upheld the Jammu and Kashmir High Court’s bail order in October 2022. Following his release, Para later contested the 2024 Lok Sabha elections from the Srinagar constituency but was unsuccessful. In the subsequent Jammu and Kashmir Assembly elections held in October 2024, he secured a victory against the National Conference candidate in Pulwama, thereby becoming a legislator in the first Assembly convened after the constitutional changes to Jammu and Kashmir’s status.
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The Chenab Times News Desk
