A special NIA court in Srinagar has declined the request of Waheed ur Rehman Para, a leader of the Peoples Democratic Party (PDP) to travel to the United States for the YALE Peace Fellowship scheduled from September to November 2023.
The court while denying Para’s application stated that he is facing charges under Sections 13, 17, 18, 38, 39, 40 of the UAPA (Unlawful Activities (Prevention) Act) and Sections 120-B, 121, 121-A, 124-A of the IPC (Indian Penal Code).
ASJ Sandeep Gandotra stated that, “The allegations against the applicant are that he is having close links with foreign and local terrorists as well as that he is funding, aiding and supporting terrorist activities/terrorist organizations. It is pertinent to mention here that Investigating Agency has already taken up the matter with Ministry of Home Affairs Govt. of India and a formal request for assistance (MLAT) has been forwarded to the USA. One cannot lose sight of the fact that the applicant has filed this application seeking permission to go to that country only i.e. the USA for pursuing Peace Fellowship 2023 to which MLAT request has been forwarded.”
The court expressed concerns that allowing Para to travel abroad could hamper the ongoing trial, which is currently in the evidence stage. Additionally, there were genuine apprehensions that Para might flee the country and attempt to disrupt the collection of evidence in the USA. A Mutual Legal Assistance Treaty (MLAT) request has been sent through the Government of India for this purpose.
In 2022, when granting bail to the PDP leader, the Jammu & Kashmir and Ladakh High Court had imposed a condition requiring Para to seek permission from the trial court before leaving the Union Territory. Para informed the court that he had been selected as the Inaugural Peace Fellow for the prestigious YALE Peace Fellowship 2023 at YALE University’s International Leadership Center in the US.
He requested the court to release his passport and grant permission for him to travel outside the territorial limits of the Union Territory of J&K to visit the US from September 2023 to the end of November 2023.
However, the prosecution strongly opposed the application, stating that there were genuine concerns that Para might not only flee from the country but also attempt to utilize anti-India entities within the Diaspora to influence the Mutual Legal Assistance Treaty (MLAT) request made to evidence holding parties such as Google, thereby frustrating the ongoing investigation efforts.
Furthermore, the prosecution asserted that Para might have deliberately concealed the fact from Yale University that he is facing terror charges in multiple other cases that are currently pending trial before the court of law.
The NIA stated, “Under the UN Convention the applicant/accused was duty bound to make such declaration to the University of (YALE). The essence of Peace Fellowship Program at the University of (YALE) is in contrast and antithetical to the activities of the accused. The fellowship is a mere means which has been managed by the applicant primarily to impede and disrupt the ongoing lawful ‘further investigation’ and also to derail the proper trial of the case; that the charges against the applicant accused are not only serious but multifarious also.”
