SC upholds conviction of woman for being member of ISIS

The Supreme Court on Friday upheld the conviction of a woman in Kerala ISIS recruitment case for charges of criminal conspiracy and being a member of a dreaded banned terror organisation.

A bench of Justices U U Lalit and Indu Malhotra dismissed the appeal filed by Yasmeen Mohammad Zahidi challenging her conviction and sentence under Section 120B (criminal conspiracy) Indian Penal Code and Section 38 of the Unlawful Activities (Prevention) Act (UAPA).

"Appeal preferred by the Union as regards the reduction of sentence awarded to A2-Yasmeen for offences under Section 120B IPC and Section 38 of the UAPA is allowed. The order passed by the High Court in that behalf is set aside and the sentence imposed by the trial court in respect of offences under Section 120B IPC and Section 38 of the UAPA against A2 is restored," the bench said.

Section 38 says, "A person, who associates himself, or professes to be associated, with a terrorist organisation with the intention to further its activities, commits an offence relating to membership of a terrorist organisation."

Yasmeen was arrested in 2016 at Indira Gandhi International Airport, New Delhi while she was attempting to travel to Afghanistan along with her child.

According to the prosecution, there was a criminal conspiracy between her husband and her pursuant to which conspiracy they left India along with others and joined ISIS in Afghanistan.

Yasmeen was an active participant supporting terrorist activities of ISIS, and she had raised funds to further the activities of ISIS and had received funds which were utilised for supporting the activities of ISIS, the prosecution had said.

Out of 15 accused named in the charge-sheet, all the other accused were declared to be absconding and Yasmeen alone was sent up for trial for the offences.