Delhi HC seeks NIA reply on Kashmiri separatist Asiya Andrabi’s plea against life sentence in terror case
New Delhi, Aug 3 (IANS) The Delhi High Court on Monday sought the response of the National Investigation Agency (NIA) on a plea filed by Kashmiri separatist leader Asiya Andrabi challenging her life sentence in a terror conspiracy case.
A Division Bench of Justices Prathiba M. Singh and Vikas Mahajan also issued notice to the NIA on the appeals filed by Andrabi’s associates, Sofi Fehmeeda and Nahida Nasreen, who have challenged the 30-year jail terms awarded to them by the trial court.
The Delhi High Court has sought the anti-terror agency’s response on the convicts’ pleas seeking suspension of their sentences and listed the matter for hearing in October.
Earlier this year, a Delhi court sentenced Andrabi to life imprisonment for offences, including conspiracy to commit terrorist acts and waging war against the Government of India, while awarding 30-year jail terms to Fehmeeda and Nasreen.
Pronouncing the order on the quantum of sentence, Additional Sessions Judge Chander Jit Singh of the Karkardooma Courts had held that the acts of the convicts struck at the “very existence of India” and were aimed at the secession of Jammu and Kashmir, an integral part of the country.
The trial court had observed that the material on record showed that the convicts had “not abhorred violence” and had indirectly promoted it by glorifying slain militants and propagating secessionist ideology.
It said that infusing the minds of people, particularly the youth, with the idea that Kashmir was not a part of India could evoke sentiments leading them to adopt all kinds of methods, including violence.
The case arose out of a 2018 NIA investigation alleging that the banned outfit Dukhtaran-e-Millat (DeM), headed by Andrabi, used social media, public speeches and other platforms to advocate Jammu and Kashmir’s merger with Pakistan.
According to the prosecution, the accused eulogised militants, incited unlawful activities such as stone-pelting and promoted narratives rooted in the two-nation theory through videos, online posts and other material placed on record.
Andrabi was convicted under various provisions of the Unlawful Activities (Prevention) Act (UAPA), including Sections 18 (conspiracy for terrorist acts) and 20 (membership of a terrorist organisation), besides IPC offences such as criminal conspiracy and waging war against the state.
Fehmeeda and Nasreen were also convicted under multiple provisions of the anti-terror law and the IPC.
Andrabi, who founded the all-women separatist outfit Dukhtaran-e-Millat in 1987, was arrested in April 2018. The trial court had noted that the organisation had largely become defunct following her arrest.
Following the sentencing, the verdict had evoked mixed political reactions.
While BJP leaders described it as a strong message against terrorism, National Conference leader Sheikh Bashir said the judgment should be respected as it was passed after due judicial process and that Andrabi was free to avail legal remedies before a higher court.
PDP chief Mehbooba Mufti, while acknowledging ideological differences with Andrabi, had urged consideration of humanitarian aspects, saying she had already spent several years in prison and appealing for reconsideration of her case.
–IANS
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