Asiya Andrabi sentenced in terror conspiracy case; two aides get 30-year jail terms.
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According to the prosecution, Andrabi, the head of the women-centric militant outfit Dukhtaran-e-Milat (DeM), through public speeches and events, glorified militancy and influenced public opinion through various social media sites. The NIA stated that the outfit was actively working towards the merger of Kashmir with Pakistan.
While pronouncing the judgment, the court held the trio guilty of the charges of conspiracy and illegal activities against the state. It is pertinent to note that the court had earlier acquitted the trio of the charge of waging war against the government under Section 121 of the IPC. This was done as there was no concrete evidence against the trio. The court observed that no concrete evidence or testimony came forth to prove the involvement of the trio in any acts of war.
In a similar manner, proceedings under the sedition law (Section 124A IPC) were also not pursued, as currently, the Supreme Court is re-examining all such cases of sedition. The Supreme Court clarified that it was primarily based on documented speeches, videos, and social media content that were promoting secessionist ideologies and causing unrest in the region.
The case is being viewed as a rare instance of a prominent woman separatist leader being convicted of such a severe offense. Andrabi, who is now 64 years of age, was arrested in 2018 and is currently lodged in Tihar Jail. This comes more than two decades after her husband, Ashiq Hussain Faktoo, was convicted of murder and sentenced to life imprisonment in 2003 for the murder of Kashmiri Pandit activist Hriday Nath Wanchoo.
The couple has been known to be involved in the separatist movement in Kashmir. Andrabi, who has a postgraduate degree in Arabic, founded Dukhtaran-e-Milat in 1987, even before the militancy movement picked up in the valley. Over the years, the group has come to be known for its advocacy of conservative social practices and pro-Pakistan views. Her brother, Inayatullah Andrabi, is also known to be a separatist ideologue and was once a linguistics professor at Kashmir University.
Legal experts have pointed out that the case has also indicated the judiciary’s view on cases of support for separatist movements, even if no direct violent act has been committed. Concern has, however, been raised by some that the judgment was largely based on opinions and speeches rather than direct violent actions.
The case also highlights the general crack-down on separatist networks in the country following the revocation of special status for Jammu and Kashmir in 2019. The authorities have since increased their vigilance and prosecution of persons suspected of engaging in activities aimed at promoting anti-national activities.
As the legal proceedings draw to a close at the trial court level, it is also possible that attention may now turn to any appeals that might be lodged at higher courts. The verdict is also likely to have significant implications for other cases of a similar nature, particularly regarding separatist propaganda and conspiracy, and will further entrench the legal framework for national security and public order in India.
