The Delhi High Court on Monday asked the National Investigation Agency to respond to an appeal lodged by Kashmiri separatist leader Asiya Andrabi against a life‑sentence handed down by a trial court in a terrorism case.
Court asks NIA to address appeals from Andrabi and associates
A Division Bench comprising Justices Prathiba M Singing and Vikas Mahajan directed the NIA to file its reply not only to Andrabi’s petition but also to the appeals of her two close aides, Sofi Fehmeeda and Nahida Nasreen. Both women were convicted and sentenced to thirty years in prison for a range of offences linked to the banned organisation Dukhtaran‑e‑Millat (DeM).
The judges also ordered the agency to consider a separate plea from the convicts seeking suspension of their sentences. The matter is scheduled for hearing in October.
Background of the convictions
In a March 24, 2026 ruling, Additional Sessions Judge Chander Jit Singh of the Karkardooma Court found Andrabi guilty of conspiracy to commit terrorism, waging war against India and membership of a prohibited group. The verdict placed her on a life‑term imprisonment.
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Fehmeeda, who served as DeM’s press secretary, and Nasreen, the organisation’s general secretary, received thirty‑year sentences for multiple charges. The judge observed that the trio’s actions “attack at the very existence of India and aim at secession of Kashmir, an integral part of the country.”
There was no direct evidence that the accused used violence to achieve their aims, but their public statements and propaganda “did not abhor violence and had indirectly promoted the use of violence by eulogising the slain terrorists.” The judgment noted that such rhetoric could influence Kashmiri youth to view Kashmir as separate from India and potentially resort to violent means.
Evidence presented by the NIA
The NIA’s case rested on material from 2018 intelligence reports showing DeM’s use of social media, speeches and rallies to advocate for Kashmir’s merger with Pakistan. Video clips, Facebook and Twitter posts were submitted, featuring praise for militants such as Burhan Wani and calls for stone‑pelting.
Judge Singh concluded that Andrabi and her associates argued that Kashmir should join Pakistan on religious grounds, invoking the two‑nation theory. Their narrative, according to the court, “does not recognise or uphold the Constitution of India” and seeks “the secession of an integral part of the country.” The judgment also referenced the accused’s claim to a right of self‑determination based on a UN resolution, contrasting it with their assertion that Kashmir is already part of Pakistan—an inconsistency the court found indicative of a lack of allegiance to India’s constitution.
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Under the Unlawful Activities (Prevention) Act, the trio were convicted under Sections 18, 20, 38/39 for conspiracy, membership and intent to further terrorist activities. Additional charges under the Indian Penal Code included Sections 120B, 121, 153A/153B and 505, covering criminal conspiracy, waging war, promoting enmity and public mischief.
Recent cases have seen Indian courts impose severe penalties on individuals linked to separatist groups, reflecting a consistent legal approach toward perceived threats to national sovereignty.
The Delhi High Court’s request for the NIA’s response is procedural, highlighting ongoing judicial scrutiny of terrorism‑related convictions.
October will determine whether the appeals have merit or whether the sentences will stand as originally imposed.
