Read Time: 06 minutes

Synopsis

Kashmiri Separatist leader Asiya Andrabi and two others have moved an appeal before the Delhi High Court challenging trial court order refusing the examination of defence witness summoned in connection with a case registered under several Sections of the Indian Penal Code and Unlawful Activities Prevention Act.

The proxy counsel appearing for the appellants submitted, “This is an appeal under Section 21 of NIA”. Initially, he sought a passover, as the arguing Senior counsel was stuck in traffic.

He submitted, “We filed an application under Section 21 of the NIA act for summoning two defence witnesses namely United Nations Resident Co-ordinator and Registrar General, Supreme Court through Record Clerk along with documents. It was duly allowed by Additional Sessions Judge Shailendra Malik, Patiala House Court. Later, when the witnesses arrived at the court, then the Judge disallowed them to further give the evidence”.

The division bench comprising Justices Siddharth Mridul and Anish Dayal posted the matter for hearing on September 14, 2023.

While fixing the matter for another day, Justice Mridul remarked orally, “You have to show us the evidence. The trial court is right. What is the relevance of the evidence?”

“We’ll have it some other day. On the ground that Mr Satish Tamta, learned Senior Advocate who has to argue the present appeal is caught in traffic. This is a fresh matter before the court. The hearing of the appeal is adjourned”, the bench said.

Andrabi and her two associates Sofi Fehmeeda and Nahida Nasreen were arrested by National Investigation Agency (NIA) in April 2018 for allegedly waging war against the country, sedition and conspiracy to commit acts of terror in the country. According to the investigation agency the case relates to allegedly waging war against the country with support from Pakistan, including terror entities there.

Andrabi is the leader of the banned terrorist organization, Dukhtaran-e-Millat, which allegedly advocates for the violent secession of Jammu and Kashmir from India. She is accused of violating the provisions of the Unlawful Activities Prevention Act (UAPA).

The trial court had framed charges under Sections 18 (conspires or attempts to commit, or advocates, abets, advises or incites terror act), 20 (being a 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) of UAPA.

It is to be noted that in 2019, the NIA issued attachments orders for the seizure of Andrabi's house and her associate Fehmeeda's car, alleging that these properties were proceeds of terrorism and were used to further terrorist activities. The same is under consideration before the same bench of the High Court.

Case Title: Asiya Andrabi & Ors. v. National Investigation Agency