‘Conspiracy to separate Kashmir from India’: Why J&K separatist Asiya Andrabi was sentenced to life imprisonment in UAPA case

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New Delhi: Asiya Andrabi, the founder of women’s separatist group Dukhtaran-e-Millat, was sentenced to life in prison under strict anti-terrorism laws on Tuesday for conspiracy against the state.A Delhi court presided over by Additional Sessions Judge Chander Jit Singh also sentenced her colleagues Sofi Fehmeeda and Nahida Nasreen to 30 years in jail. The court directed that all sentences will be executed concurrently.The court sentenced Andrabi to life imprisonment under Section 18 (conspiracy) of the Unlawful Activities (Prevention) Act and Sections 120B (criminal conspiracy) and 121A (relating to conspiracy to wage war against the government) of the Indian Penal Code.Fehmeeda and Nasreen were sentenced to simple imprisonment for 30 years under Section 18 of UAPA and Section 120B of IPC.

“Conspiracy to divide Kashmir”

In its detailed 286-page order, the court held that Andrabi and his associates “had hatched a conspiracy to secession Kashmir from India”. The court noted that the offender showed no remorse for his actions. The judge noted that “none of the offenders have shown remorse for their actions, on the contrary, they are proud of what they have done and will continue to do the same job”.The judge compared Ajmal Kasab to the 26/11 Mumbai terror attacks, saying he also had no regrets for his actions in the November 26, 2008 attacks.The court said granting leniency would be inappropriate and warned that it would “breathe new life and energy into the spirit of criminals who aim to divide an integral part of India.” It added that any leniency could send the wrong message to others with similar intentions that they could engage in such behavior and escape limited punishment.The court further relied on videos and social media posts submitted by the national investigation agency which showed the accused repeatedly claiming that Kashmir belongs to “Pakistan and is under Indian occupation”.“Kashmir should be freed from Indian occupation so as to become a part of Pakistan. The material on record is replete with such remarks and various posts by all the accused, especially accused 1 (Andrabi),” the court order said.The court observed that Andrabi had openly sought support from Pakistan through speeches and interviews and promoted that Kashmir had never been part of India.“It is clear that the accused are not only claiming that Kashmir is an unfinished partition agenda but the above discussion clearly shows that the accused has misused this aspect to support, endorse and promote that Kashmir is not a part of India,” the order said.The report further states that the accused tried to create a story to portray Kashmir as an “illegal Indian occupation”.

Role of Dukhtaran-e-Millat

The court said the Dukhtaran-e-Millat (DeM), an organization banned by the Indian government, was actively involved in activities aimed at dividing the country on the “pretext of right to self-determination”. The group was allegedly linked to the Hurriyat Conference of separatist parties in the Kashmir Valley, it added.The DeM, listed as a proscribed organization under the First Schedule of the Unlawful Activities (Prevention) Act, 1967, has been accused of anti-India activities, including inciting the people of Kashmir to engage in armed rebellion against the government with the support of Pakistani terror groups.“Various speeches were given and interviews were conducted in furtherance of these activities. Multiple posts discussed in the preceding paragraphs referenced the fact that Defendants organized/convened to encourage and support this goal,” the report states.According to the interrogation report obtained by The Times of India, Andrabi told investigators that she was in regular contact with former Pakistani Prime Minister Nawaz Sharif and spoke frequently with his foreign policy adviser Sartaz Aziz.According to the report, Andrabi also discussed her contacts on the Kashmir issue with officials from the Pakistan High Commission in Delhi, former ISI chief Hamid Gul, and United Nations-designated global terrorists Hafiz Saeed and Saeed Salahuddin.In 2014, during a meeting with Sartaz Aziz, then High Commissioner Abdul Basit and Deputy High Commissioner Syed Haidar Shah at the Pakistan High Commission in Delhi, Andrabi allegedly told them that “Pakistan is cavalier about the Kashmir issue”. Pakistani officials told her that Pakistan’s Kashmir Commission was handling the matter, the report said.The report further stated that Andrabi still maintains regular contact with Hafiz Saeed and asked him to “put pressure on the Pakistani government.” She also spoke to him around the time of the death of his wife Umi Talha and later after the death of his nephew Abdul Rehman Makki.Andrabi and her accomplices were convicted earlier on January 14. During the sentencing, the NIA argued for a life sentence, saying Andrabi had effectively waged war against India and therefore a strong message was necessary.The Court agreed with this view and concluded that the conduct of the accused went beyond the objection and amounted to a serious conspiracy against the sovereignty and integrity of India.

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