Agencies | New Delhi:
The Delhi High Court on Monday sought the response of the National Investigation Agency (NIA) on appeals filed by hardline separatist Aasiya Andrabi and her two associates challenging their conviction for conspiracy to wage war against India and membership of a terrorist organisation under the Unlawful Activities (Prevention) Act (UAPA).
A Division Bench comprising Justices Prathiba M. Singh and Vikas Mahajan condoned the delay in filing the appeals against the trial court’s judgment and issued notice to the NIA. The court also granted the investigating agency time until September 15 to file its reply to the appellants’ plea seeking suspension of their sentences and listed the matter for further hearing on October 6.
Andrabi (62), founder of the women-only separatist organisation Dukhtaran-e-Millat (DeM), along with her close associates Nahida Nasreen (58) and Sofi Fehmeeda (48), was convicted by a Special NIA Court on January 14. The trial court held that the trio had orchestrated a systematic campaign aimed at destabilising Jammu and Kashmir.
On March 24, the Special Court sentenced Andrabi to life imprisonment, while Nasreen and Fehmeeda were awarded 30 years’ rigorous imprisonment each.
The three were formally charged in February 2021 with multiple offences under the UAPA and the Indian Penal Code (IPC), including conspiracy to wage war against the Government of India and involvement in terrorist activities.
The trial court found them guilty under Sections 18 (punishment for conspiracy) and 38 (membership of a terrorist organisation) of the UAPA. They were also convicted under various provisions of the IPC, including Sections 121A (conspiracy to wage war against the Government of India), 120B (criminal conspiracy), 153A (promoting enmity between different groups), 153B (assertions prejudicial to national integration) and 505 (statements conducing to public mischief).
While awarding the sentences, the trial court observed that none of the convicts had shown remorse for their actions. Instead, the court noted that they had expressed pride in their activities and indicated their intention to continue pursuing the same course. The judge held that any leniency would only embolden efforts aimed at the secession of an integral part of India.
The case was registered by the NIA in April 2018 on the directions of the Union Ministry of Home Affairs against Andrabi, her associates and the banned organisation Dukhtaran-e-Millat.
According to the First Information Report (FIR), the Central Government had received information alleging that Andrabi, Nasreen and Fehmeeda were actively operating the proscribed organisation, which is listed under the First Schedule of the UAPA. The agency alleged that they used various media platforms to disseminate inflammatory speeches and material that threatened the integrity, sovereignty and security of India.
The FIR further alleged that Andrabi openly advocated the secession of Jammu and Kashmir from the Union of India, called for jihad and promoted the use of violence. The NIA also accused the organisation of spreading hatred, promoting enmity between communities on religious grounds, and publishing material intended to incite disaffection against the Government of India.
The agency alleged that Andrabi had sought support from proscribed terrorist organisations and, along with her associates, entered into a criminal conspiracy to wage war against the Government of India.
Andrabi was arrested by the Jammu and Kashmir Police in Anantnag in April 2018 for allegedly planning a large-scale protest and stone-pelting incident. She was subsequently lodged in judicial custody before the case was taken over by the NIA.
