Delhi court convicts Kashmiri separatist Asiya Andrabi, two others for terrorism

A Delhi court recently convicted Kashmiri separatist leader Asiya Andrabi and two of her associates for the offence of conspiracy to commit terrorism, waging war against India and membership of a banned organisation. .Additional Sessions Judge Chander Jit Singh of the Karkardooma Courts found Andrabi and her associates Sofi Fehmeeda and Nahida Nasreen guilty of multiple offences. While Andrabi was the chairperson of the all-women banned outfit Dukhtaran-e-Millat (DeM), Fehmeeda was its press secretary. Nasreen held the position of the organisation's general secretary. Judge Singh concluded that Andrabi and her associates advocated that Kashmir should join Pakistan on religious grounds, citing the two-nation theory and claiming that a Muslim-majority region could not remain part of India. It added that the accused do not recognise or uphold the Constitution of India and lack allegiance to it, as their actions and narratives amount to seeking the secession of an integral part of the country."Interestingly, the accused are claiming that they have a right to self determine on the basis of resolution of UN, however, at the same time, they are claiming that Kashmir is already a part of Pakistan and India has illegal occupation the Kashmir. Therefore, it is clear that the accused do not bear an allegiance to constitution of India and they do not believe in Constitution of India and are also not ready to uphold it and the sovereignty of India as they are seeking secession of an integral part of India," the Court said. They have been found guilty under Sections 18 (conspiracy for terrorist act), 20 (membership of a terrorist gang), 38/39 (claiming membership in a terrorist organisation with the intent to further its activities) of the UAPA. The Court has also held them guilty under Sections 120B (criminal conspiracy), 121 (waging war against the government of India), 153A/153B (promoting enmity/imputations, assertions prejudicial to national-integration) and 505 (public mischief) of the IPC.The quantum of sentence is now set to be decided on January 17. .The case stemmed from 2018 intelligence revealing DEM using social media, speeches, and rallies to advocate for Kashmir’s merger with Pakistan. NIA presented several videos, Facebook and Twitter posts glorifying militants like Burhan Wani, inciting stone-pelting and hailing Pakistan. The counsel appearing for Fehmeed and her associates challenged the authenticity of the videos. .However, the Court concluded that the accused's guilt was proved and that the electronic evidence showed that there was no tampering with the material placed on record. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.