A Delhi court has convicted Kashmiri separatist leader Asiya Andrabi and two others of hatching a conspiracy for the secession of Kashmir from India.
Additional sessions judge Chander Jit Singh convicted Andrabi and her associates Sofi Fehmeeda and Nahida Nasreen on Wednesday under multiple offences, including conspiracy to commit crime against the State and being members of a terrorist organisation. The convictions were under the Unlawful Activities (Prevention) Act (UAPA).
However, the court acquitted the trio of the specific charge of waging a war against the Indian government under Section 121 of the IPC, citing a lack of evidence. The court found that the prosecution did not bring on record any material or examine any witness related to any actual incident involving the use of force or arms by the accused or any other person at their instance.
“The material on record
is limited regarding the speeches/videos/interviews/ posts on social media,” the court said.
The Delhi court did not proceed with the sedition charge as the Supreme Court had ordered a stay on all proceedings with respect to the charges framed under Section 124A of the IPC across the country as it re-examined the colonial-era law.
The court will hear the arguments on the quantum of the sentence on Saturday.
In the 286-page order, the court said the accused had claimed that “Kashmir is to be a part of Pakistan on the basis of religion”, citing the Partition narrative.
“Interestingly, the accused are claiming that they have a right to self-determination on the basis of a resolution of the UN. However, at the same time, they are claiming that Kashmir is already a part of Pakistan and India has an illegal occupation of Kashmir,” the court said.
“Therefore, it is clear that the accused do not bear an allegiance to the Constitution of India and they do not believe in the Constitution of India and are also not ready to uphold it and the sovereignty of India as they are seeking secession of an integral part of India,” it added.
The court found them guilty of offences under UAPA Sections 20 (punishment for being a member of a terrorist gang or terrorist organisation), 38 (offence relating to membership of a terrorist organisation) and 39 (supporting a terrorist organisation).
The court also convicted the three under IPC Sections 153A (promoting enmity between different groups), 153B (imputations, assertions prejudicial to national integration), 120B (criminal conspiracy), 505 (statements conducing to public mischief) and 121A (conspiracy to commit offences against the State).
The National Investigation Agency has accused the three women, who were members of the outlawed Dukhtaran-e-Millat (DEM), of repeatedly advocating secession from India and inciting people to achieve it.
The accused denied the charges, claimed innocence and said the witnesses examined by the prosecution were deposing falsely at the NIA’s behest and that the trio had been falsely implicated in
the case owing to a political vendetta.
They said they had only been advocating an issue that had been raised since 1948 and that the voice of the people of Kashmir should be heard.