Delhi court convicts Kashmiri separatist Asiya Andrabi, two others in UAPA case

New Delhi: In a significant development, a special court here on Wednesday convicted Kashmiri separatist Asiya Andrabi and two others for offences including conspiracy to wage war against the country and being members of a terrorist organisation under stringent anti-terror law UAPA.

Andrabi, the founder of the all-women separatist group Dukhtaraan-e-Millat (DeM) in 1987, was arrested in April 2018 and charges were framed against her under the Unlawful Activities (Prevention) Act (UAPA) for allegedly conspiring to commit terrorist acts, being members of a terrorist organisation, and providing support to such groups.

Additional Sessions Judge Chander Jit Singh, as the special National Investigation Agency (NIA) judge, had heard the case against Andrabi and her two associates -- Sofi Fehmeeda and Nahida Nasreen.

On Wednesday, the special judge found them guilty of offences under UAPA sections 18 (punishment for conspiracy) and 38 (offence relating to membership of a terrorist organisation).

The court also convicted the three under IPC sections 153 A (promoting enmity between different groups), 153B (imputations, assertions prejudicial to national-integration), 121-A (conspiracy to wage war against Government of India), 120B (criminal conspiracy) and 505 (statements conducing to public mischief).

The accused were physically present in the packed courtroom in the afternoon amid tight security for pronouncement of the judgement.

The court has now listed the case on January 17 for hearing arguments on the quantum of sentence which may exceed imprisonment for life for the offences under the stringent provisions of the anti-terror law.

Andrabi and her two associates were formally charged with multiple offences under the stringent UAPA and the IPC in February 2021.

It was alleged that they plotted to wage war against the country, besides conspiring to carry out terror-related activities.

In April 2018, on directions of the Union Home Ministry, the NIA registered a case against them as well as the DeM.

According to the FIR, the "central government has received information that Aasiya Andrabi and her associates namely Sofi Fehmeeda and Nahida Nasreen are actively running a terrorist organisation named as 'Dukhtaran-E-Millat' (DeM) which is proscribed under the First Schedule to the UAPA".

"They are using various media platforms to spread insurrectionary imputations and hateful speeches that endanger the integrity, security and sovereignty of India. The DEM through Aasiya Andrabi openly advocates secession of Jammu and Kashmir from the Union of India and has also called for Jihad and use of violence against India," the FIR alleged.

The agency also said that Andrabi and her associates had spoken, written and also published "visible representations that bring into hatred and contempt apart from exciting disaffection towards the Government of India".

The organisation, it added, is promoting enmity, hatred and ill-will between different communities on the grounds of religion and is doing acts prejudicial to maintenance of harmony.

Andrabi has solicited help from proscribed terrorist organisations and along with her associates, has entered into a criminal conspiracy to wage war against the Government of India, the FIR alleged.

Andrabi was arrested by the Jammu and Kashmir police in Anantnag in April 2018 for allegedly planning to organise a large-scale demonstration and stone-pelting in the area. She was subsequently sent to jail.