Delhi court sentences Kashmiri separatist Asiya Andrabi to life imprisonment in terror case

A Delhi court on Tuesday sentenced Kashmiri separatist leader Asiya Andrabi to life imprisonment for the offences of conspiracy to commit terrorism, waging war against India and membership of a banned organisation.

Additional Sessions Judge Chander Jit Singh of the Karkardooma Court also sentenced Andrabi's associates - Sofi Fehmeeda and Nahida Nasreen -to 30 years in jail for multiple offences.

While Andrabi was the head 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 ruled that the acts of Andrabi and her associates attack at the very existence of India and aim at secession of Kashmir, an integral part of the country.

The Court said that no doubt there is nothing on record to show that the convicts used violence to achieve their "nefarious design and aim", but the material on record reflects that they did not abhor violence and had indirectly promoted the use of violence by eulogising the slain terrorists.

"The acts of the convict brought on record may not apparently be the direct cause of inciting violence but infusing the minds of Kashmiris especially the youngsters with the idea that Kashmir is not part of India and India has occupied the Kashmir illegally and in a hostile manner can evoke the sentiments of the people of Kashmir as well as it may lead them to use all kind of method including violence to seek the supposed liberation, the idea of which is wrongly seeded in their minds," the Court said.

The case stemmed from 2018 intelligence revealing DEM using social media, speeches and rallies to advocate for Kashmir’s merger with Pakistan.

The National Investigation Agency (NIA) presented several videos, Facebook and Twitter posts glorifying militants like Burhan Wani, inciting stone-pelting and hailing Pakistan.

Judge Singh held 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.

The Court 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 Unlawful Activities (Prevention) Act (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.