Court grants seven days transit remand of PDP leader Para & ors



JAMMU: Special Judge NIA Sunit Gupta on Monday granted seven days transit remand of PDP leader Waheed-ur-Rehman Para, son of Ghulam Ahmad Para, resident of Naira, Pulwama and Mukhtyar Ahmed Waza @ Munir Ahmed Sofi, son of Mohd Subhan Sofi, resident of Darbari Mohalla, Bijbehara, Anantnag who were arrested by CIK.
Special Judge NIA Sunit Gupta, after perusal of remand application, revealed that Police Station CIK Srinagar has registered an FIR No. 31/2020 for offences under Sections 13, 17, 18, 38, 39 & 40 UA (P) Act read with Sections 124-A, 120-B, 121 & 121-A of IPC on basis of information received from reliable and confidential sources that some political functionaries are misusing membership, position or affiliation with political parties and as a part of criminal conspiracy, they have established clandestine connections and relations with different Pakistani Terrorists and Secessionist Organisations operating in J&K. Taking advantage of cover available to them because of their membership or position or affiliation with political parties, these unscrupulous political parties functionaries have variously supported terrorists and secessionists, directly and sometime through middleman, by way of paying money, organising select physical attacks through terrorists elements, facilitating their movements, transporting their fighting hardware and importantly saving them from range of legal and coercive actions of Law Enforcement Agencies by unduly influencing officers of such Law Enforcing Agencies in myriad ways. On the basis of aforesaid information from reliable source, the aforesaid FIR was registered and investigation was set into motion by police of Police Station CIK, Srinagar.
During investigation, the Investigating Agency got search warrants issued from Chief Judicial Magistrate Srinagar against accused persons. In pursuance to aforesaid search warrants, the searches were conducted at residential house of accused Waheed-ur-Rehman Para and two houses of accused Muneer Ahmed Sofi, one at Bijbehara and other at Bathindi Sunjwan, Jammu. During the search operation, the Investigating Agency has claimed to have recovered some incriminating material from residences of both of the aforesaid accused persons, whereby the complicity of both accused persons are established in present case. It is mentioned in the application that both the accused persons were arrested on January 10, 2021 at JIC Jammu. Since, the matter falls within the territorial jurisdiction of the Special Judge under section 22 NIA Act, at Srinagar and due to prevailing weather condition and condition of National Highway, it would not be possible for Investigating Agency to produce the aforesaid accused persons before concerned Special Judge, as such, the Transit Remand for seven days has been asked for. As per Medical Certificate, both the accused persons named above are physically fit.
After considering the prayer made by Investigating Officer and presence of accused persons through virtual mode i.e., video calling, the Court is of the view that prayer made by the Investigating Officer is genuine and accused persons could not be produced before the Special Judge of competent jurisdiction within time framed under Section 167 of CrPC. Therefore, the transit remand of aforesaid accused persons for a period of seven days is granted. The Investigating Officer is directed to produce the aforesaid accused persons before the Special Judge of the competent jurisdiction on or before January 18, 2021.


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