The Delhi High Court has requested a response from the National Investigation Agency (NIA) regarding appeals filed by hardline separatist leader Asiya Andrabi and her two associates. The appeals challenge a trial court’s decision that convicted and sentenced them under the Unlawful Activities (Prevention) Act (UAPA) for alleged conspiracy to wage war against India and for being members of a terrorist organization. A Division Bench comprising Justices Prathiba M. Singh and Vikas Mahajan acknowledged a delay in the filing of these appeals and subsequently issued a notice to the NIA. The court has granted the agency until September 15 to submit its response to the convicts’ applications seeking a suspension of their sentences. The matter has been scheduled for further hearing on October 6.
Asiya Andrabi, the 62-year-old founder of the banned all-women separatist outfit Dukhtaran-e-Millat (DeM), along with her associates Nahida Nasreen, 58, and Sofi Fehmeeda, 48, were found guilty by a special NIA court on January 14. The court determined that the trio had orchestrated a systematic campaign aimed at destabilizing Jammu and Kashmir. Information reaching Tahir Rihat suggests that the trial court pronounced its sentencing on March 24, imposing a life sentence on Asiya Andrabi, while Nahida Nasreen and Sofi Fehmeeda were each sentenced to 30 years of imprisonment. The convictions were based on charges including criminal conspiracy and membership of a terrorist organization under the UAPA, as well as provisions of the Indian Penal Code. These IPC sections included conspiracy to wage war against the Government of India, criminal conspiracy, promoting enmity between different groups, acts prejudicial to national integration, and statements conducing to public mischief.
During the sentencing phase, the trial court noted that none of the convicts had expressed remorse for their actions. Instead, they reportedly displayed pride in their activities. The court’s observation indicated that extending leniency would inadvertently bolster efforts towards the secession of a part of India. The NIA initiated the case in April 2018, following directives from the Union Home Ministry. According to the agency’s investigation, Andrabi and her associates were actively operating the banned Dukhtaran-e-Millat organization. They allegedly utilized speeches, publications, and various media platforms to advocate for the secession of Jammu and Kashmir. The NIA further claimed that their activities were aimed at inciting violence and fostering hatred and disaffection towards the Government of India. The agency also alleged that Andrabi had sought support from proscribed terrorist organizations and, in conjunction with her associates, had entered into a criminal conspiracy to wage war against the Indian government. Asiya Andrabi was initially arrested by the Jammu and Kashmir Police in Anantnag in April 2018. Her arrest was reportedly linked to alleged plans for large-scale protests and stone-pelting activities, after which she was taken into custody.
The legal proceedings against Asiya Andrabi and her associates stem from a broader investigation into separatist activities in Jammu and Kashmir. The UAPA, a stringent anti-terrorism law, has been a key legal instrument used by the Indian government to counter such activities. The conviction of the DeM leaders under this act underscores the government’s stance on organizations deemed to be a threat to national security and integrity. The appeals now before the Delhi High Court will examine the validity of the trial court’s findings and the severity of the sentences imposed. The NIA’s response is expected to detail the evidence and legal arguments supporting the conviction. The court’s decision on the suspension of sentences will be a crucial interim development, while the final outcome of the appeals will have significant implications for the legal framework governing separatist movements and anti-terrorism efforts in the region. The case highlights the complex legal and political landscape surrounding issues of separatism and national security in Jammu and Kashmir.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.
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