A special court in Delhi on Tuesday sentenced Kashmiri separatist Asiya Andrabi to life imprisonment in a case under the Unlawful Activities (Prevention) Act (UAPA) over alleged terror activities. Her associates, Sofi Fehmeeda and Nahida Nasreen, were sentenced to 30 years in prison each.
On January 14 this year, the three were convicted for their involvement in activities linked to Dukhtaran-e-Millat (DeM), a banned organisation that sought the secession of Jammu and Kashmir from India.
The court found the trio guilty under multiple provisions of UAPA, including Section 18, which deals with conspiracy, and Section 38, which relates to membership of a terrorist organisation.
They were also convicted under provisions of the Indian Penal Code (IPC) concerning criminal conspiracy and waging war against the state.
According to the prosecution, the accused were actively involved in promoting separatist ideology, mobilising support, and coordinating activities aimed at destabilising the region.
The case is part of a broader crackdown by Indian authorities on separatist and militant networks operating in Kashmir.
The sentencing underscores the government’s firm stance on national security and territorial integrity, while also highlighting the legal consequences of involvement in activities deemed unlawful and threatening to the sovereignty of the country.
DeM BANNED OVER ANTI-INDIA ACTIVITIES
Dukhtaran-e-Millat is a Kashmir-based all-women outfit that was founded in 1987. It is headed by Asiya Andrabi. The organisation was banned by the Centre in 2004 under the Unlawful Activities (Prevention) Act, 1967.
Meanwhile, DeM chief Asiya Andrabi was arrested by the NIA in 2018.
The organisation approached the Delhi High Court seeking a copy of the notification issued under the UAPA and requested that its name be removed from the list of designated terrorist organisations.
However, the court dismissed the plea, observing that the petitioner had not availed the statutory remedy available under the law.
In its 2023 order, the court explained that Chapter VI of UAPA governs the inclusion of organisations in the Schedule under Section 35.
It further noted that Section 36 provides a mechanism for organisations to apply to the central government for removal from the list, which the petitioner failed to pursue.
THE CASE
The case relates to waging war against the country with support from Pakistan, including terror entities.
In 2021, a Delhi court put Asiya Andrabi and her associates Fehmeeda and Nasreen on trial for offences punishable under IPC and the stringent UAPA.
The court passed the order after the accused pleaded not guilty and claimed trial.
The court framed charges under sections 120-B (criminal conspiracy), 121 (waging war against the government of India), 121-A (conspiracy to wage war against the government of India), 124-A (sedition), 153-A (promoting enmity between different groups), 153-B (imputations, assertions prejudicial to national-integration) and 505 (statements conducing to public mischief) of the IPC.
It further framed sections 18 (conspires or attempts to commit, or advocates, abets, advises or incites terror act), 20 (being member of terrorist gang or organisation), 38 (offence relating to membership of a terrorist organisation) and 39 (offence relating to support given to a terrorist organisation) under the Unlawful Activities (Prevention) Act.
The NIA, on directions of the Home Ministry, registered a case against them and the organisation. The three accused were arrested in April 2018 and remain in custody.