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The Court was hearing an appeal filed by four convicts who were sentenced to life imprisonment in a 'Jaish-E-Mohamad Conspiracy Case' by the NIA Court in Delhi in November 2022.
The Delhi High Court on Thursday issued notice to National Investigation Agency (NIA) in an appeal filed by four convicts who were sentenced by the NIA Court, Delhi in November 2022 for life imprisonment in a 'Jaish-E-Mohamad Conspiracy Case'. All were sentenced for various offences under IPC & UAPA.
A division bench of Justice Siddharth Mridul and Justice Talwant Singh sought a reply from NIA within four weeks and accordingly, listed the matter for March 24, 2023.
During the hearing, the counsel appearing for the four convicts namely, Bilal Ahmad Mir@ Billa, Muzaffar Ahmad Bhat @ Muzaffar Bhat, Mehraj-Ud-din Chopan@ Mehraj, and Sajad Ahmad Khan informed the bench that the present appeal is the first appeal on the order of NIA Court sentencing the all 4 to life. She added an interesting point that "the convicts pleaded guilty", to the charges.
"So the question is u/CrPC the appeal is limited to the extent of sentences, but whether u/NIA Act, I can argue more, because it's notwithstanding anything contained in the CrPC. But in any case... sentence for life was awarded particularly when remorse had been expressed & time of court was saved. The most extreme sentence of life imprisonment has been given in the case of waging war against the State when no violence actually occurred", the counsel submitted.
She contended, "I'm saying it may be an excessive case of first-time offenders particularly when the court has come to the conclusion that they were not the moving figures; all of them were camp followers".
In November 2022, the NIA Court, in Delhi had sentenced all four convicts to life and another to five years of rigorous imprisonment.
“All the accused, especially Bilal Mir and Muzaffar Bhat, had carried out reconnaissance of targets, arranged hideouts, and had provided logistical support to terrorists to carry out militant attacks in India. Sajad Ahmad Khan had been sent to Delhi to carry out reconnaissance of important targets and to establish a hideout in Delhi. The main aim was to identify, radicalize and recruit youth, impart them training in handling of weapons and explosives and field-craft and raise funds, procure weapons, etc. to execute their nefarious designs”, the NIA press release read.
Case Title: Bilal Ahmad Mir Alias Bilal Mir Alias Billa v. NIA (connected matters)
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