Delhi Court Convicts Asiya Andrabi, Others In UAPA Case; Cites Open Advocacy Of Kashmir's Secession From India

A Delhi court convicted Dukhtaran-e-Millat (DeM) Chief Asiya Andrabi and two other women associates in a UAPA case 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.Judge Chander Jit Singh held that the NIA successfully established that Aasiya Andrabi, Sofi Fehmeeda and Nahida Nasreen 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.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.In a detailed order passed on January 14, the Court convicted the three women for the offences punishable by under Section 18, 20, 38 and 39 of UAPA. They have also been 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 Court held that thjhr 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 added 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. “In the present matter, the material on record inthe form of testimonies of witness regarding videos and posts/re-post, it is clear that accused persons were working in tandem towards common goagenerall of secession of Kashmir from India in the name of Religion. The activities of accused were towards common goal. The evidence in thisregard is not disputed especially on the aspect of all three accused were working together,” the Court said. Further, the judge said that the expression “integrity of India” would mean the state of beingunited and undivided. It said that the term integrity includes physical unification of the nation. Hence, when any one intends to claim secession of integral part of a nation on the basis of religion, the provision of section 153 B of IPC shall be attracted, the Court said that The judge observed that while the accused claimed that Kashmir should go to Pakistan on the basis of religion, yet they were conspicuously quiet on the status of other Muslim-majority areas in India, adding that entire focus of their narrative was Kashmir and nothing else.“It is the narrative of the accused that partition was on the ground of land for Hindus and land for Muslims. Therefore, Kashmir having populationof about 90% of Muslim should go to Pakistan. However, although, accused protects to base her claim of secession of Kashmir from India and merging the same in Pakistan on the basis of religion yet accused are conspicuously quiet on the status of other muslims in India including thearea where muslim population may be in majority. The entire focus of the narrative of accused is Kashmir and nothing else,” the Court said. It added that the accused were claiming that they have a right to self determine on the basis of resolution of UN, however, at the same time, they were claiming that Kashmir is already a part of Pakistan and that 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.Click Here To Read/Download Order

Delhi Court Convicts Asiya Andrabi, Others In UAPA Case; Cites Open Advocacy Of Kashmir's Secession From India

Nupur Thapliyal

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