Did J&K HC Allow PDP MLA Waheed Para to Travel Outside J&K?

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Did J&K HC Allow PDP MLA Waheed Para to Travel Outside J&K?

Synopsis

In a significant ruling, the Jammu and Kashmir High Court has allowed PDP MLA Waheed Para to travel outside the Union Territory, easing restrictions that have impacted his official duties. This decision comes after Para's long legal battle and highlights the ongoing complexities of political leadership in sensitive regions.

Key Takeaways

  • The Jammu and Kashmir High Court has granted travel permission to PDP MLA Waheed Para.
  • Para's bail conditions previously restricted his movement.
  • The court recognized the difficulties faced by elected officials in fulfilling their duties.
  • Concerns over national security were raised by the opposing parties.
  • The ruling reflects ongoing legal complexities in conflict-affected areas.

Srinagar, Dec 2 (NationPress) A division bench of the Jammu and Kashmir and Ladakh High Court has given the Peoples Democratic Party (PDP) leader and MLA, Waheed ur Rehman Para, the green light to travel outside the Union Territory within India.

Para is currently implicated in a terror conspiracy case and was granted bail by a division bench in May 2022, which required a surety of Rs 1 lakh, stipulating that he must be available to the Investigating Officer as needed, surrender his passport, and not depart Jammu and Kashmir without prior approval from the trial court.

On Tuesday, a bench led by Justice Vinod Chatterji Koul and Justice Sanjeev Kumar permitted him to travel domestically after notifying the trial court.

Advocate Shariq J Reyaz argued that Para, as an MLA, frequently needs to leave the Union Territory for his official duties, and the bail restrictions were causing significant hardship.

The court noted, "We believe that modifying the condition serves the interest of justice."

Para was detained by the National Investigation Agency (NIA) in November 2020 for allegedly aiding the terrorist group Hizbul Mujahideen.

While he secured bail in January 2021, he was immediately re-arrested by the Jammu and Kashmir Police.

Upon granting him bail in 2022, the High Court remarked that the evidence presented by the prosecution was "too sketchy to be believed prima facie true."

According to the High Court's two-page order, "The petitioner (Para) may leave Jammu and Kashmir and travel within the country after informing the trial court about his location and purpose of travel."

As of late November 2025, a Special NIA Court in Jammu had reserved its ruling on Para's request for a permanent, one-time travel permit outside the Union Territory.

Currently, he is out on bail but cannot leave Jammu and Kashmir without the trial court's approval, a condition that has been in place since May 2022.

He recently submitted a request to the Special NIA Court in Jammu, emphasizing that permanent travel clearance is crucial for fulfilling his responsibilities as an MLA for the Pulwama constituency and for engaging with Central government agencies on development projects.

Both the State Investigation Agency (SIA) and the NIA vehemently opposed his request, citing concerns over national security, flight risk, and the serious nature of the charges against him under the Unlawful Activities (Prevention) Act.

The Special NIA Court has heard arguments from both parties and has reserved its decision.

Previously, multiple courts had denied his requests for blanket travel permissions, although he was granted specific temporary approval on humanitarian grounds in April 2023 to take his ailing father for cancer treatment in Mumbai.

With the recent ruling from the High Court's division bench, Para will no longer need to await the trial court's decision on this matter, which had been pending.

Point of View

It is crucial to recognize the delicate balance of justice and political responsibility in this case. Waheed Para's legal challenges reflect broader issues facing elected officials in conflict-affected areas. The court's recent decision underscores the importance of ensuring that political leaders can perform their duties while also adhering to legal guidelines.
NationPress
03/12/2025

Frequently Asked Questions

What was the reason for Waheed Para's initial arrest?
Waheed Para was arrested by the National Investigation Agency in November 2020 for allegedly supporting the terrorist organization Hizbul Mujahideen.
What conditions were imposed on Waheed Para's bail?
Para was granted bail with conditions including a surety of Rs 1 lakh, surrendering his passport, and not leaving Jammu and Kashmir without prior court approval.
Why did Waheed Para seek permission to travel outside J&K?
Para argued that he frequently needs to travel for official duties as an MLA, and the bail conditions were causing significant inconvenience.
What was the court's response to Para's request?
The court agreed to modify the travel restriction, allowing him to travel within India after notifying the trial court.
What are the broader implications of this ruling?
This ruling highlights the ongoing legal and political complexities faced by elected officials in sensitive regions, balancing individual rights with national security concerns.
Nation Press