Aasiya Andrabi Challenges Life Sentence, Delhi High Court Seeks NIA’s Stand

The Delhi High Court on Monday sought the response of the National Investigation Agency (NIA) on appeals filed by separatist leader Aasiya Andrabi and her two associates challenging their conviction under the stringent Unlawful Activities (Prevention) Act (UAPA) for allegedly conspiring to wage war against India and being members of a terrorist organisation.

A bench comprising Justices Prathiba M Singh and Vikas Mahajan condoned the delay in filing the appeals and issued notice to the investigating agency. The court granted time till September 15 for the NIA to file its reply on pleas seeking suspension of sentence and listed the matter for further hearing on October 6.

Andrabi, 62, the founder of the all-women separatist group Dukhtaran-e-Millat (DeM), along with her associates Nahida Nasreen and Sofi Fehmeeda, was convicted by a special NIA court on January 14. The trial court had held that the trio was involved in a systematic campaign aimed at destabilising Jammu and Kashmir.

On March 24, the court sentenced Aasiya Andrabi to life imprisonment, while Nasreen and Fehmeeda were awarded 30-year jail terms. The convictions were based on charges under UAPA Sections 18 and 38, along with several provisions of the Indian Penal Code, including criminal conspiracy, promoting enmity between groups, and conspiracy to wage war against the government.

The NIA registered the case in April 2018 following directions from the Union Home Ministry. The agency alleged that DeM, a banned organisation under the UAPA, was involved in activities that threatened India’s sovereignty, security and integrity.

According to the prosecution, Andrabi and her associates allegedly used media platforms to spread statements promoting secession of Jammu and Kashmir from India and encouraging violence. The agency also accused them of having links with proscribed terrorist organisations and entering into a conspiracy against the Indian government. While delivering the sentence, the trial court observed that the convicts had shown no remorse for their alleged actions and rejected any leniency, stating that a softer approach could encourage activities aimed at separating an integral part of India.

Andrabi was arrested by Jammu and Kashmir Police in April 2018 from Anantnag over allegations of planning protests and stone-pelting incidents before being sent to judicial custody.