The Delhi High Court has agreed to examine appeals filed by hardline separatist leader Aasiya Andrabi and two of her associates challenging their conviction and prison sentences for conspiring to wage war against India and associating with an outlawed terrorist group.
A division bench comprising Justice Prathiba M Singh and Justice Vikas Mahajan condoned the delay in filing the appeals on Monday and announced that notice would be issued to the National Investigation Agency. The court granted the probe agency time until September 15 to respond to the convicts’ requests for sentence suspension, scheduling the matter for further hearing on October 6.
Trial Court Conviction And Sentences
The appeals challenge a March 24 verdict by a special National Investigation Agency court that sentenced 62-year-old Andrabi, founder of the all-women separatist organization Dukhtaran-e-Millat, to life imprisonment. Her close associates, 58-year-old Nahida Nasreen and 48-year-old Sofi Fehmeeda, received 30-year jail terms.
The special court had convicted the three women on January 14, ruling that they executed an organized campaign aimed at destabilizing Jammu and Kashmir.
Legal Charges And Trial Court Observations
Formal charges were framed against the trio in February 2021 under various provisions of the Unlawful Activities (Prevention) Act and the Indian Penal Code. The trial court pronounced them guilty under UAPA Section 18 for conspiracy and Section 38 for membership in a terrorist organization. They were also convicted under IPC sections covering criminal conspiracy, waging war against the state, promoting enmity among groups, prejudicial assertions against national integration, and public mischief.
During sentencing, the trial judge observed that the convicts demonstrated no remorse and affirmed pride in their actions, stating they intended to persist with their activities. The judge remarked that granting leniency would reinvigorate efforts directed at the secession of an integral part of the nation.
Background And Agency Investigation
The case stems from an April 2018 directive by the Union Home Ministry ordering the National Investigation Agency to register an FIR against Dukhtaran-e-Millat and its leadership. The agency alleged that the proscribed organization utilized media channels to disseminate hateful speeches, incite violence, advocate for the secession of Jammu and Kashmir, and seek assistance from banned terrorist groups to challenge Indian sovereignty.
Andrabi was initially taken into custody by Jammu and Kashmir police in Anantnag in April 2018 for allegedly planning street demonstrations and stone-pelting incidents prior to being remanded in judicial custody.
