New Delhi, March 24 A special NIA court on Tuesday sentenced hardline separatist Aasiya Andrabi to life imprisonment for conspiring to wage war against India, observing that any leniency for the leader of Dukhtaran-e-Millat would only "revitalize" her efforts to secede Kashmir.
Additional Sessions Judge Chander Jit Singh also handed down a 30-year prison sentence to Andrabi’s close associates, Sofi Fehmeeda and Nahida Nasreen, for their roles in the conspiracy.
After convicting Andrabi (62), Nasreen (58), and Fehmeeda (48) in the case in January this year, the court issued a detailed 28-page order specifying the sentence for them.
The judge stated that "none of the convicts have shown any remorse regarding their actions, rather, they claim to be proud of what they were doing and intend to continue doing so."
He drew a parallel to this case with that of Ajmal Kasab, the sole terrorist accused in the 26/11 attacks, who showed no remorse for his act of violence while firing bullets in Mumbai on November 26, 2008.
The judge stated that any leniency would amount to giving a fresh lease of life and vigour to the convicts' efforts, aimed at secession of a vital part of India.
The court also reasoned that any tolerance towards the convicts could send a message to others with similar ideas that they can avoid consequences through incarceration, and may promote the idea of secession of a part of India.
The court noted that the founding document of Dukhtaran-e-Millat (DeM), an organisation founded by Andrabi, stated that Jammu and Kashmir had never been part of India.
"Therefore, accepting the convicts' claim at face value that they intend to continue their work, and as established by the prosecution that the convicts never hesitated to express their desire to secede Kashmir from India and integrate it with Pakistan," the order said.
"Granting leniency to the convicts would be tantamount to reviving their efforts to secede a vital part of India," the order stated.
Regarding the defense argument that the convicts were educated women with several health issues, the court said there were no complaints regarding the medical treatment provided to them while in custody.
"The fact that the convicts are educated women only exacerbates their liability, rather than mitigating it. As educated individuals, it is expected that they made an informed decision regarding their actions and did not act impulsively," the order stated.
The court stated that the three convicts had not been misguided or manipulated into engaging in the offenses, and they had proudly acknowledged their actions, besides emphasizing that they would continue to do so.
"Therefore, the fact that the convicts are educated women makes them even more liable for their actions, as they appear to be the choices they made knowingly and voluntarily," it said, and underscored that the convicts' conduct was not a one-off incident, but rather a "continuous conduct".
The judge stated that although the convicts did not use violence to achieve their nefarious aims, they indirectly promoted the use of violence by glorifying slain terrorists.
"The actions of the convict, as recorded, may not directly incite violence, but they could indirectly incite violence by encouraging Kashmiris to believe that Kashmir is not part of India...this could lead them to use all means, including violence, to achieve what they perceive as liberation, the idea of which is wrongly instilled in their minds," the order said.
The judge highlighted that Andrabi was the leader, and the other two convicts played the role of ground soldiers in the conspiracy.
The court awarded Andrabi a life sentence under Section 18 (punishment for conspiracy) of the stringent Unlawful Activities (Prevention) Act (UAPA), as well as under Sections 120B (criminal conspiracy) and 121A (conspiracy to wage war against the Government of India) of the IPC.
Under Section 121A, the law addresses conspiracies to commit offences punishable by Section 121, which carries a maximum penalty of death or life imprisonment for waging war against the state. The court clarified that all sentences for the convicts would run concurrently.
Fehmeeda and Nasreen were sentenced to 30 years of simple imprisonment under the same sections of the UAPA and IPC.
The three had been convicted on January 14, following which the National Investigation Agency (NIA) had sought life imprisonment for Andrabi, saying she had waged war against India, and a stern message was required to be sent that conspiring against the State would invite the harshest penalty.
In the detailed 286-page judgment passed in January, the court had observed that the trio had orchestrated a systematic campaign to destabilize the region.
Relying on evidence provided by the NIA, including videos and social media posts, the court noted that the accused repeatedly claimed Kashmir was under "forced Indian occupation" and belonged to Pakistan.
"The material on record is rife with such speeches as well as various posts by all the accused, especially of accused 1 (Andrabi)," the court stated.
"It is clear that the accused are not merely stating that Kashmir is an unfinished agenda of partition; rather... this aspect is misused to support, endorse and propagate that Kashmir is not part of India," it said.
The judge had further noted that Andrabi used the DeM platform to create a "facade" that Kashmir's integral status was up for debate under the pretext of a "right to self-determination".
The court highlighted the radical narrative pushed by the convicts, which was based on a religious "two-nation theory". The judgment noted their belief that because Kashmir has a majority Muslim population, it should belong to Pakistan.
Critically, it pointed out the convicts' total rejection of the Indian state and said, "It is clear that the accused do not bear an allegiance to the Constitution of India...they do not believe in the Constitution and are also not ready to uphold it and the sovereignty of India as they are seeking secession of an integral part of India."
Andrabi and her associates were originally charged in February 2021 following an extensive investigation into their efforts to incite the local population and coordinate with entities across the border to challenge India's territorial integrity.
