The Delhi High Court has asked the National Investigation Agency (NIA) to respond to appeals made by separatist leader Asiya Andrabi and her associates, regarding their convictions and sentences in a case under the Unlawful Activities (Prevention) Act (UAPA). This request was made on August 3, when a Division Bench comprising Justice Prathiba M. Singh and Justice Vikas Mahajan issued a notice to the NIA in relation to Andrabi’s appeal against her life sentence.

The court’s notice also pertains to the appeals filed by co-convicts Sofi Fehmeeda and Nahida Nasreen, both of whom have been sentenced to 30 years’ imprisonment. The necessitated response from the NIA seeks to address the concerns raised by the appellants regarding their convictions and the sentences imposed by the trial court.

Details of the Conviction and Sentencing

The High Court’s actions follow a trial court judgment delivered on January 14, which found Andrabi, Fehmeeda, and Nasreen guilty. The prosecution described the defendants as affiliated with the banned outfit Dukhtaran-e-Millat, alleging their involvement in activities promoting secession and militancy in Jammu and Kashmir, allegedly using social media and public platforms for these purposes.

On March 24, the trial court sentenced Andrabi to life imprisonment, while her associates received 30-year sentences. The charges stemmed from an investigation initiated by the NIA on the direction of the Union Ministry of Home Affairs, which led to allegations that the accused engaged in anti-India propaganda and incited violence.

Andrabi, who is identified as the founder and alleged chief of Dukhtaran-e-Millat, was detained in 2018. The NIA invoked multiple provisions under the Indian Penal Code (IPC) relating to criminal conspiracy, waging war against the Government of India, promoting enmity, and sedition, in conjunction with the UAPA.

Continuing Legal Proceedings

The High Court has also acknowledged the delay in filing the appeals, citing the appellants’ families residing in Jammu and Kashmir and the challenges they faced in commencing appellate processes within the stipulated timeframe. It has ordered the requisition of trial court records, as well as the preservation of any electronic evidence included in the records.

Furthermore, the appellants have been directed to submit affidavits detailing their prior legal history. The matter is scheduled for further hearings in October, as the court continues to dissect the complexities of the case.

On December 21, 2020, the NIA court had framed charges against Andrabi and her associates under several IPC sections, including 120B, 121, 121A, 124A, 153B, and 505, alongside relevant provisions of the UAPA. The prosecution has claimed the accused leveraged social media platforms, including Twitter and Facebook, and even collaborated with television channels based in Pakistan to spread narratives deemed to be secessionist and contrary to India’s sovereignty.

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