Supreme Court Dismisses Plea Challenging Bail Granted To J&K PDP Leader Waheed-ur-Rehman Parra

The Supreme Court on Monday dismissed the petition filed by the Union Territory of Jammu and Kashmir challenging the Jammu and Kashmir High Court order granting bail to PDP leader Waheed Ur Rehman Parra in a UAPA case over alleged terrorist activities.

A Division Bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka however clarified that it was not giving imprimatur to the observations made by the High Court regarding the interpretation of the Unlawful Activities Prevention Act.

Appearing for the UT, Solicitor General Tushar Mehta 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.

"He had procured A-47 guns. He even went to Pakistan", it was argued.

The Bench however, said that they weren't giving importance to the observations made by the High court.

"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, while declining to interfere in the bail order.

"My reservation is, in a bail matter, all this should not come. A bail order should be crisp, short, 2-4 pages….All this is not required. Bail is at interlocutory stage", Justice Kaul orally observed, after dictating the order.

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 regarding lack of prima facie case for grant of bail.

The High Court, in its order passed in May 2022, observed that "The evidence as is gathered by the prosecution is too sketchy to be believed prima facie true".

Case Title: Slp(Crl) No. 9572/2022 Ii-C Union Territory Of J And K Versus Waheed Ur Rehman Parra

Click here to read/download the order