Infused young minds with idea ‘Kashmir not part of India’: Court during sentencing of Kashmiri separatist Andrabi

NEW DELHI: A Special NIA court, while sentencing Kashmiri separatist Aasiya Andrabi and her two associates, said, “convicts indirectly promoted use of violence by eulogising the slain terrorists and infusing the young minds with the idea that Kashmir is not a part of India. They don’t have any remorse for their acts”.

Additional Sessions Judge (ASJ) Chander Jit Singh sentenced Aasiya Andrabi to life imprisonment and her two women associates to 30 year jail sentence. “All three convicts were working together towards a common goal of secession of Kashmir from India so that it may merge into Pakistan”, the NIA argued.

While sentencing Aasiya Andrabi, the head of Dukhtaran-e-Millat (DEM) and her two associates, the court observed, “No doubt, there is nothing on record to show that convicts had used violence to achieve their nefarious design and aim but the material on record does reflect that convicts did not abhor the violence as such rather had indirectly promoted the use of violence by eulogizing the slained 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,” ASJ Chander Jit Singh said.

The court noted that among the three convicts, Aasiya Andrabi is their leader, and though other convicts are also playing important roles in the conspiracy, their roles are in the nature of second fiddle or the ground soldiers. Hence, this factor will also be a variable in the determination of the quantum of sentence.

The court said that various aspects are to be considered at the time of sentencing the convicts. One of the above questions would be whether the convicts have any repentance for their doings and whether they are ready to mend their ways, which is an indicator of the chances of potential reformation in the convicts.

While writing the order on sentence, the court also referred to the decision of the Supreme Court in the case of Muhammad Ajmal Kasab, decision dated 29.08.2012, wherein it was observed that the saddest and most disturbing part of the case is that the appellant never showed any remorse for the things he did.

“Similar is the situation in the present matter as well. No remorse has been shown by any of the convict in respect of their acts rather, it is submitted that they are proud of what they were doing and also that they will continue to do the same work,” the court observed.

It also noted that the document on the introduction of Dukhat-e-millat referred to the Jammu and Kashmir dispute, noting that Jammu and Kashmir have never been part of India. The court rejected the submissions made on behalf of convicts seeking leniency while awarding a sentence.

“Thus, accepting the contention of the convict on the face value that they will continue to do their work and as established by prosecution that convicts never minced their words regarding secession of Kashmir from India and its amalgamation in Pakistan as well as treating the convicts with leniency will amount to infusing a fresh lease of life and vigour in the spirit of convicts which aims at secession of an integral part of India,” the court said.

It further said that any leniency to convict has the potential to send a message to others with similar ideas that they can get away with such acts through incarceration for some years, and may promote the ideas of causing secession of part of India.

The court also rejected the submissions that there is an absence of demonstrable consequence. It is implied by this contention that there is no actual incident which has occurred pursuant to the acts of convicts. In this regard, it is suffice to observe that convicts have been held guilty for hatching a conspiracy punishable under section 18 of UA (P) A, 120B of IPC and 121 A of IPC, among other offences.

During arguments on sentence, the NIA submitted that convicts have been promoting enmity, hatred and ill-will between different communities in India on the grounds of religion and were carrying out acts prejudicial to the maintenance of harmony.

It was further argued that convict Aasiya Andrabi has sought help from Pakistan, and this converts their conspiracy into a cross-border collusion against the sovereignty, security and integrity of India. The NIA further argued that the conspiracy in the present case is not a spontaneous act but a well-planned and thoughtful one. The convicts had openly supported and encouraged young Kashmiris to take up arms to achieve martyrdom in the cause of freedom from Indian Rule.

Aasiya Andrabi is found to be involved in as many as 33 cases, including her active role in the unrest of 2008, 2010 and 2016 in Jammu & Kashmir during which she glorified the deaths of terrorists and asked the public to adopt the path of terrorism.

Convict Sofi Fehmeeda is found to be involved in nine cases, and Nahia is stated to be involved in five cases registered across various police stations in Jammu & Kashmir and NIA.

The NIA argued that in cases of terrorism and waging war against the state, deterrence and prevention should be given priority. “Imposition of sentence without considering its effect on the social order may result in a futile exercise. That undue liberal latitude may result in being counterproductive rather than being a message to the future perpetrators,” the NIA argued.

It was also submitted that convicts are well-educated women and mens rea is proved in respect of their acts. “Convicts are not just part of the conspiracy but are the main persons responsible for the functioning of Dukhtaran-E-Millat (DEM), which is a prescribed organization,” the NIA said.

It was argued that convict Aasiya Andrabi is the chairperson of DEM, Sofi Fehmeeda is press secretary of DEM, and Nahida Nasreen is general secretary of DEM. The NIA submitted that at the impressionable youth, on being exposed to provocative speeches, get radicalised and squander their lives in terrorism.

The investigation agency referred to various terrorist acts and said, “India has suffered a lot of terrorist acts, including recent attacks in Pahalgam, Pulwama, Uri and near the Red Fort in Delhi, where several innocent persons lost their lives, and many others were seriously injured”. “To save the impressionable youth, the evil should be nipped in the bud, and maximum sentence should be awarded to the convicts,” the NIA argued.

On the other hand senior advocate who appeared for the convicts submitted that the convicts are educated individuals with substantial academic backgrounds, indicating their orientation towards social and intellectual engagement rather than criminal conduct.

It is contended that Aasiya Andrabi has done B.Sc in Home Studies and M.A in Arabic. That Nahida Nasreen has done M.Sc in Zoology and M.A in Islamic Studies. That Sofi Fahmeeda is a graduate. That Aasiya Andrabi is aged about 64 years, Nahida Nasreen is 58 years of age, and Sofi Fehmeeda is aged about 45 years. It was further submitted that convicts are suffering from serious and deteriorating medical conditions.

It is further argued that convicts have already undergone 8 years of incarceration in Delhi, which is hundreds of kilometers away from the homes and families of convicts. It was argued that convicts were engaged in social activism and ideological expression concerning the situation in Kashmir is submitted that this issue neither originated with the convicts nor did it end with them. (ANI)