The Supreme Court in the case Slp(Crl) No. 9572/2022 Ii-C Union Territory Of J And K Versus Waheed Ur Rehman Parra observed and has dismissed filed by the Union Territory of Jammu and Kashmir challenging the Jammu and Kashmir High Court order of granting bail to PDP leader Waheed Ur Rehman Parra in a UAPA case over alleging terrorist activities.
The division bench comprising of Justice Sanjay Kishan Kaul and Justice Abhay Shreeniwas Oka observed and however has clarified that it was not giving imprimatur to the observations made by the High Court with regards to the interpretation of the Unlawful Activities Prevention Act.
Appearing for the UT, Tushar Mehta, Solicitor General submitted that the High Court’s interpretation of the Unlawful Activities (Prevention) Act is problematic and further sought to challenge the bail granted to the respondent.
It was argued that, he had procured A-47 guns and he even went to Pakistan.
However, the bench stated that they weren’t giving importance to the observations made by the High court.
The bench stated that, we certainly are not giving (unclear) to any observations made in the impugned order and in the interpretation of the UAPA Act, the bench recorded in its order, the court while declining to interfere in the bail order.
Justice Kaul orally observed, after dictating the order that my reservation is, in a bail matter, all this should not come. Thus, a bail order should be crisp, short, 2-4 pages…. All this is not required. Bail is at interlocutory stage.
The counsel, Advocate Shadan Farasat, appearing for the respondent, submitted that sometimes judges are forced to get into the interpretation of UAPA as the statute imposes a condition to enter a satisfaction with regards to lack of prima facie case for grant of bail.
In its order passed in May 2022, the High Court observed that “The evidence as is gathered by the prosecution is too sketchy to be believed prima facie true”.
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