No religion propagates terrorism or hatred, It's fanatics who distort views: Kerala High Court

While refusing to suspend the sentence awarded to three men who attempted to join ISIS/Daish to take part in violent jihad, the Kerala High Court recently said that no religion propagates terrorism or hatred, it is fanatics or religious fundamentalists who have distorted the views of a religion. 

"Terrorism is an evil affecting the life and liberty of people. It affects the growth of the nation in all respects," the court said. 

The division bench of  Justice Alexander Thomas and Justice Sophy Thomas was hearing the applications moved by three men seeking suspension of sentence and release on bail. Their appeal against conviction under the provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code is pending.

The appellants were arrested in October 2017 when they, along with three other accused persons, attempted to reach Syria to Join ISIS. Two of the appellants were intercepted by Turkish authorities while they were trying to cross over to Syria and were deported back to India, and the third appellant, who was one of the masterminds in teaching ISIS/Daish ideology in Kerala, was arrested by the local police. 

The trial court had found that there was overwhelming evidence to prove that the third appellant was indoctrinating youngsters in Kerala with ISIS ideology and he was motivating and sending youngsters to Islamic State announced by ISIS for waging war against Asiatic powers like Syria, which were at peace with the Government of India.

The trial court had also given clear findings that the appellants had the intention to perform Hijra(migration) to Syria for indulging in Jihad.

The trial court, therefore, had sentenced two of the appellants to undergo rigorous imprisonment for seven years and the remaining one to rigorous imprisonment for six years.

Moving the application, the counsel for the appellants argued that the appellants were never released on bail during trial and they had completed more than five years in custody. 

Since set off was allowed for the period of remand during the trial, major portion of their sentence is already over, and the period remaining is less than two years, he contended. 

The counsel further asserted that before the trial court the prosecution failed to prove the case against the appellant beyond reasonable doubt, therefore, there was every chance for them to succeed in the appeal.

However, the pleas were objected by the Union of India represented by the National Investigation Agency, Kochi. 

The Agency submitted that the Special Court for the Trial of NIA cases convicted and sentenced the appellants on analysing the entire facts, evidence and circumstances in detail. It submitted that there was sufficient evidence to conclude that the appellants associated themselves with the terrorist organisation ISIS etc.

The counsel for the Agency further apprised the court of the apprehensions that if the appellants are released on bail there is every chance for them to abscond and indulge in terrorist activities for they are highly motivated and charged with ISIS ideology.

The division bench observed that in considering an application for suspension of sentence, the appellate court has to examine if there is any patent illegality in the order of conviction, which renders the order prima facie erroneous.

The bench found that in the conviction order, the trial court had given a clear finding as to the conspiracy of the appellants and their intentions and also there was no patent infirmity in it.

Therefore, while stating that "the purpose of punishment is to reform and to rehabilitate the criminal and it will have the effect of cleaning and purging the sin, for which they have to serve the sentence, court refused to allow the applications.

Case Title: ABDUL RAZAK @ ABU AHMED v. NATIONAL INVESTIGATION AGENCY, KOCHI and Two Others

Statute: Sections 38 and 39 of the Unlawful Activities (Prevention) Act, The Indian Penal Code