IMPORTANT POINT
The court modified sentences for terrorism-related offences, emphasizing the need for a balanced approach considering both aggravating and mitigating factors.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

2. The present two appeals have been filed by Hina Bashir Beigh (A-2) and Sadiya Anwar Shaikh (A-4) seeking reduction of their respective sentences imposed by the ld. ASJ-3, NDD, Patiala House Courts, New Delhi vide the order on sentence dated 6th May, 2024.

BRIEF BACKGROUND

3. A First Information Report (hereinafter ‘FIR’) bearing no. 85/2020 was registered by the Special Cell against accused no. 1(‘A-1’) and accused no. 2 (‘A-2’) upon which they were arrested on 8th March, 2020. The allegation was that they were affiliated with the proscribed terrorist organisation Islamic State Khorasan Province (hereinafter ‘ISKP’). The said ISKP is stated to be a part of the ISIS. The FIR alleged that they were carrying out anti-national activities in India.

4. Based on the disclosures made by A-2 upon arrest, certain materials such as an incriminating anti-nationalist magazine named ‘Voice of Hind’ etc. were seized from the house and car of A-2 in support of the above-mentioned allegations. The disclosure also led to the arrest of accused no. 3 (‘A-3’), on 17th March, 2020. In the meantime, the Ministry of Home Affairs (MHA) issued an order on 8th March, 2020 entrusting the said investigation to the National Investigation Agency (hereinafter ‘NIA’) and the latter registered RC.no-11/2020/NIA/DLI.

5. In the said Registered Case (hereinafter ‘RC’), among other allegations, the specific allegations against accused A-2 were of propagating/circulating objectionable ISIS materials which were used in the anti-CAA protests for inciting Muslims to take up violence in the name of jihad and spreading hatred against Non-Muslims. Further, as per the RC, the accused created several anonymous IDs on social media platforms such as Twitter, Facebook, Telegram, Instagram, Threema etc with the intention of concealing their identity while engaging in the above-mentioned anti-national activities. The RC also alleged that they had conspired with various persons from ISIS and ISKP to carry out terrorist activities in India to spread terror and to propagate their ideology. During the investigation further arrests were made of A-4/Appellant-Sadiya Anwar Shaikh and A-5. Seizure of further electronic evidence including pen drive, hard drive, phones, sim cards and other documents was made. A-3, A-4 & A-5 were also found to have created fake and anonymous IDs on social media platforms like A-1 and A-2.

6. Upon completion of the said investigations, the chargesheet was filed u/s 120B/124A, 153A, 201 of Indian Penal Code (hereinafter ‘IPC’) 13/18/38/39 of Unlawful Activities Prevention Act (hereinafter ‘UAPA’) on 28th July, 2023. Further, a supplementary chargesheet was filed by the N.I.A where A-6 Abdul Rehman@ Dr Brave, an MBBS student, was also arrayed as an accused. He was alleged to have come into contact with A-1 and had made plans to go to Syria via Turkey to join ISIS. The overall allegations in the chargesheet concerning A-2 and A-4 are as under:

(i) They were allegedly affiliated with the proscribed terrorist organisation i.e. ISKP.

(ii) They had allegedly entered into a conspiracy to propagate the ideology of ISIS and ISKP, and to excite disaffection towards the Government of India and that such actions of the accused were meant to threaten the unity, integrity and sovereignty of India.

(iii) A-2 along with A-1 and A-5 had allegedly executed a preparatory/trial blast at their rented accommodation in Pune.

(iv) A-3 had allegedly asked for suicide jackets from A-1.

Subsequently, upon taking cognizance, the learned ASJ passed the order on charge dated 28th July, 2024.

Role of Jahanzaib Sami (A-1)

7. Though the present two appeals are concerned with A-2 and A-4, A-1 is the primary accused in the case as also the husband of A-2. The electronic devices which were found were commonly used by A-1 and A-2. Thus, the charges against A-1 would also be relevant for the present purposes of discussion.