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| HC stays order of NIA Court directing administering "virtual mode oath" to elected DDC Member Waheed Parra | | | EARLY TIMES REPORT
JAMMU, Jan 22: The Jammu Wing of Jammu and Kashmir High Court comprising of Vacation Judge Justice Rajnesh Oswal on Friday stayed the Order of the Special Judge NIA/Third Addl Sessions Judge (TADA/POTA Court) dated December 28, 2020,whereby the NIA Court had directed the DC Pulwama (District Election Officer) to administer the oath of office to Waheed Ur Rehman Parra, who was elected as DDC Member from Pulwama constituency in a petition filed by the UT Govt of J&K through Aseem Sawhney, Additional Advocate General of J&K, Jammu.
Justice Oswal issued notice to the respondent- (Parra), and directed the listing of the matter on February 17, 2021.
"Meanwhile, subject to objections from the other side and till next date of hearing, operation of the impugned order dated 28.12.2020 shall remain stayed. However, the petitioner shall be at liberty to administer the oath to the respondent physically after taking permission from the concerned Court." the Court directed.
This order was passed after hearing the submissions of the Additional Advocate General of J&K Aseem Sawhney who submitted that respondent Waheed-ur-Rehman Parra, S/O Ghulam Ahmed Parra R/O Naira, Pulwama was booked by the NIA and in case FIR No. RC01/2020/NIA/ JMU under Section 18/19/20/38/39 of UA(P) Act, Section 7/25 IAA and 3/4 ES Act.
He submitted that order dated 28.12.2020 passed by the Court of 3rd Additional Sessions Judge, Jammu (Special Judge u/S 11 of NIA Act), Jammu in Bail application titled Waheed-ur-Rehman Vs Union Territory of J&K and Ors. arising out of case FIR No. RC01/2020/NIA/ JMU under Section 18/19/20/ 38/39 of UA(P) Act, Section 7/25 IAA and 3/4 ES Act was illegal and without jurisdiction.
Sawhney submitted that Waheed-ur-Rehman Parra was a member of Peoples Democratic Party (PDP) and also remained youth State president of the said party was booked by the National Investigating Agency (NIA) in case nd was in the custody of the National Investigating Agency and later remanded by the Court of Special Judge under National Investigation Act to the judicial custody was lodged in District Jail Amphalla, Jammu. During the intregennum period, respondent had filled up his nomination for the District Development Council Member seat of 11-Pulwama-1st Constituency and when the results were declared on 22.11.2020, the respondent was declared elected for the said seat of DDC Member in 11-Pulwama-1st Constituency, Pulwama District.
(—JNF) |
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