The Delhi High Court on Monday issued notice to the National Investigation Agency (NIA), seeking its response to a petition filed by Kashmiri separatist leader Asiya Andrabi challenging the life sentence handed to her in a terror conspiracy case. The court has listed the matter for hearing in October.

Key Developments

A Division Bench comprising Justice Prathiba M. Singh and Justice Vikas Mahajan also issued notice to the NIA on separate appeals filed by Andrabi's associates, Sofi Fehmeeda and Nahida Nasreen, who are contesting their 30-year jail terms. All three convicts have additionally sought suspension of their sentences pending the appeals.

Earlier this year, a Delhi sessions court sentenced Andrabi to life imprisonment on charges including conspiracy to commit terrorist acts and waging war against the Government of India. Fehmeeda and Nasreen were each awarded 30-year sentences by the same court.

What the Trial Court Found

Additional Sessions Judge Chander Jit Singh of the Karkardooma Courts, while pronouncing the quantum of sentence, held that the acts of the convicts struck at the 'very existence of India' and were aimed at the secession of Jammu and Kashmir, an integral part of the country.

The trial court observed that the evidence on record showed the convicts had 'not abhorred violence' and had indirectly promoted it by glorifying slain militants and propagating secessionist ideology. It further noted that infusing — particularly among the youth — the idea that Kashmir was not a part of India could evoke sentiments driving individuals toward violence.

Background of the Case

The case stems from a 2018 NIA investigation alleging that the banned outfit Dukhtaran-e-Millat (DeM), headed by Andrabi, used social media, public speeches, and other platforms to advocate Jammu and Kashmir's merger with Pakistan. According to the prosecution, the accused eulogised militants, incited unlawful activities including stone-pelting, and promoted narratives rooted in the two-nation theory through videos and online posts.

Andrabi was convicted under multiple provisions of the Unlawful Activities (Prevention) Act (UAPA), including Section 18 (conspiracy for terrorist acts) and Section 20 (membership of a terrorist organisation), along with Indian Penal Code offences of criminal conspiracy and waging war against the state. Fehmeeda and Nasreen were also convicted under several provisions of the anti-terror law and the IPC.

Andrabi, who founded the all-women separatist organisation Dukhtaran-e-Millat in 1987, was arrested in April 2018. The trial court noted that the organisation had largely become defunct following her arrest.

Political Reactions to the Sentencing

The original sentencing drew mixed political responses. Bharatiya Janata Party (BJP) leaders described the verdict as a strong message against terrorism. National Conference leader Sheikh Bashir said the judgment should be respected as it was delivered after due judicial process, while noting that Andrabi was free to pursue legal remedies before a higher court.

Peoples Democratic Party (PDP) chief Mehbooba Mufti, while acknowledging ideological differences with Andrabi, urged consideration of humanitarian aspects, pointing out that Andrabi had already spent several years in prison and appealing for reconsideration of her case.

What Happens Next

The Delhi High Court has scheduled the matter for hearing in October, by which time the NIA is expected to file its counter-response to the convicts' pleas. The outcome of the appeals could have significant implications for how higher courts interpret UAPA sentencing in long-running separatist conspiracy cases.