Kerala ISIS recruitment: Supreme Court restores NIA Court order sentencing Yasmeen Zahidi to seven years imprisonment

In the Kerala ISIS recruitment case, the Supreme Court today upheld the conviction of Yasmeen Mohammad Zahidi under Section 120B of Indian Penal Code and Section 38 of Unlawful Activities (Prevention) Act (UAPA). The Court also restored the order of NIA Court with respect to the sentence of seven years rigorous imprisonment handed down to Zahidi..To this extent, the Court allowed the appeal filed by the Union government against Kerala High Court verdict which had reduced her sentence from seven years to three years imprisonment..The Court dismissed the appeal filed by Zahidi challenging her conviction. The Court also dismissed the appeal filed by Union government challenging the acquittal of Zahidi in respect of offences under Section 125 of the IPC and Sections 39 and 40 of the UAPA..The judgment was pronounced by a Bench of Justices UU Lalit and Indu Malhotra..Zahid, a native of Bihar, was arrested from New Delhi Airport while attempting to travel to Afghanistan along with her child..Investigation revealed the criminal conspiracy between accused 1 and 2 from 2015 onwards at Padanna and surrounding areas of Kasaragod district in Kerala and various other places. It was stated that pursuant to the conspiracy, accused 1 and 3 to 15 left India and joined ISIS in the Nangarhar province of Afghanistan..Investigation also revealed that the 2nd accused/appellant herein was an active participant, supporting terrorist activities of ISIS and trying to leave India with her child. It was also found that in order to further the activities of ISIS, they had raised funds and had received funds for utilising the same for the activities to support the objectives of ISIS..The case was tried by a Special NIA Court which convicted her under various provisions of IPC and Unlawful Activities (Prevention) Act, 1967 (UAPA)..The NIA court sentenced her to rigorous imprisonment for 3 years for the offence of criminal conspiracy punishable under Section 120 B of the IPC..She was also convicted under Section 125 of IPC which provides for punishment for waging war against any Asiatic power which is in alliance with the Government. For the said, offence she was sentenced to rigorous imprisonment for 7 years directed to pay a fine of Rs.25,000..Further, she was sentenced to undergo rigorous imprisonment for 7 years each for the offence punishable under Sections 38, 39 and 40 of UAPA Act..She appealed to the Kerala High Court against the verdict of NIA court. The Kerala High Court partially allowed the appeal..It set aside the conviction and sentence of the accused/appellant under Section 125 of IPC, Sections 39 and 40 of the UAPA..The conviction of the accused/appellant under Section 120B of the IPC and Section 38 of the UAPA was sustained..She was sentenced to undergo rigorous imprisonment for 1 year for the offence punishable under Section 120B of the IPC and rigorous imprisonment for 3 years for offence under Section 38 of the Act..Both Union of India and the Accused had appealed to the Supreme Court against the verdict of Kerala High Court..Note: Earlier version of the story wrongly reported that the Supreme Court restored the conviction of Yasmeen Zahidi under Section 125 of the IPC and Sections 39 and 40 of the UAPA. The error is regretted..[Read Judgment].Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.