‘Process Has Become the Punishment’: Waheed Para on Dual UAPA Hearings

   

SRINAGAR: MLA Waheed Para on Sunday alleged a violation of the principle of double jeopardy, claiming he has been summoned to appear before two separate National Investigation Agency courts on the same day in connection with identical allegations under the Unlawful Activities Prevention Act.

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In a post on his X handle, Para said he has been directed to attend two UAPA hearings before two NIA courts located in Jammu and Srinagar, cities nearly 300 kilometres apart, on the same date. He described the situation as an example of how the legal procedure itself can become punitive for the accused.

Para said that he has attended over 240 hearings since 2021. “I have one hearing every month in Srinagar and four hearings in Jammu.”

“I am one body, yet summoned to two courts on the same day. Two UAPA hearings. Two NIA courts. Same allegations. Same law,” Para mentioned, questioning how a single individual could physically and legally comply with such orders.

Para argued that while the law recognises safeguards such as protection against double jeopardy, their implementation on the ground often contradicts these principles. He said the process of repeated hearings, prolonged trials and overlapping summonses inflicts emotional, physical and financial strain on individuals long before any verdict is delivered.

Referring to the prolonged nature of legal proceedings, Para said that years are consumed in court appearances, legal documentation and travel, leaving little space for family life, health or personal stability. “The process itself becomes the sentence,” he remarked, adding that justice delayed drains a person’s life incrementally.

He further stated that being compelled to defend the same allegations repeatedly amounts to punishment without conviction. According to him, when courts schedule parallel hearings in different locations, the justice system ceases to test facts and instead tests an individual’s endurance.

Para said the experience reflects a broader pattern affecting many undertrials who remain caught between repeated dates and prolonged uncertainty. He urged that legal procedures must be guided by humanitarian considerations, warning that law divorced from humanity risks becoming oppressive.

“This is one story, but it is also the story of countless others waiting to be seen not merely as accused, but as human beings,” he said.

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