Delhi High Court Seeks NIA's Response On Appeals Filed By Kashmiri Separatist Asiya Andrabi, Others Against UAPA Conviction

Dukhtaran-e-Millat (DeM) Chief Asiya Andrabi and two other women associates have moved the Delhi High Court against their conviction in a UAPA case.

The trial court had convicted them for their involvement in a terror conspiracy and seditious activities aimed at waging war against the Government of India and promoting secession of Jammu & Kashmir.

A division bench comprising Justice Prathiba M Singh and Justice Vikas Mahajan sought response of the National Investigation Agency (NIA) to the application filed seeking suspension of sentence awarded by the trial court.

The Bench condoned the delay in filing of the appeal considering that the immediate family of the appellants are located in Jammu and Kashmir and did not have proper facilities to immediately take action for filing the appeals within 30 days.

The Court directed that the trial court record be requisitioned and if there is any electronic document, the same be saved in a separate folder.

The Court directed the appellants to file an affidavit giving their past antecedents.

The matter will now be heard on December 15.

The appeals have been filed by Aasiya Andrabi, Sofi Fehmeeda and Nahida Nasreen challenging the trial court order passed on January 14.

The case arose from an NIA investigation initiated on the directions of the Union Ministry of Home Affairs, following intelligence inputs that Dukhtaran-e-Millat members were using online platforms and public events to incite hatred, promote armed militancy and advocate Kashmir's merger with Pakistan.

NIA alleged that DeM was an all-women separatist outfit with a declared objective of secession from India.

Vide the impugned order, the trial court had held that the three women were key members of the proscribed terrorist organisation Dukhtaran-e-Millat and had actively participated in spreading secessionist, inflammatory and anti-India propaganda through speeches, public gatherings and social media platforms.

They were convicted for the offences punishable by under Section 18, 20, 38 and 39 of UAPA.

They were also convicted under Sections 120B (criminal conspiracy), 121A (waging war against the Government of India), 153A and 153B (promoting enmity), and 505 (statements conducing to public mischief).

The Trial Court had held that the material on record indicated and brought forth the endorsement, encouragement, support and promotion of armed struggle i.e. use of force for seeking secession of Kashmir from India.

It was observed that there has been agreement between accused persons regarding their activities seeking secession from India the Kashmir in the name of religion and their advocacy of Kashmir to become part of Pakistan was coupled with their support to other activities leading to physical violence.

Title: Asiya Andrabi v. NIA & other connected matters