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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 8^th October, 2024 Pronounced on: 14^ts November, 2024 + CRL.A. 517/2024 & CRL.M.(BAIL) 934/2024 HINA BASHIR BEIGH .....Appellant Through: Mr R K Thakur, Ms Kanishka Dhoundiyal and Mr Anoop Khanna, Advocates (M: 9810267916).

versus NATIONAL INVESTIGATION AGENCY .....Respondent Through: Mr Rahul Tyagi, SPP (NIA) with Mr Sangeet Sibou, Mr Jatin, APP, Mr Vikas Walia, APP, Ms Priya Rai, Mr Abhishek Tomar, Advocates with Insp. Ajay Parmar CIO (NIA).

AND + CRL.A. 784/2024 SADIYA ANWAR SHAIKH .....Appellant Through: Mr Rajat Kumar, Adv. (M:

9810532203)

versus NATIONAL INVESTIGATION AGENCY .....Respondent Through: Mr Rahul Tyagi, SPP (NIA) with Mr Sangeet Sibou, Mr Jatin, APP, Mr Vikas Walia, APP, Ms Priya Rai, Mr Abhishek Tomar, Advocates with Insp. Ajay Parmar CIO (NIA).

Signature Not Verified Digitally Signed CRL.A. 517/2024 & CRL.A. 784/2024 Page 1 of 25 CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

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 6^th 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 8^th 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 17^th March, 2020. In the meantime, the Ministry of Home Affairs (MHA) issued an order on 8^th March, 2020 entrusting the said investigation to the National Investigation Agency (hereinafter ‘N.I.A’) and the latter registered RC.no-11/2020/NIA/DLI.

Signature Not Verified Digitally Signed CRL.A. 517/2024 & CRL.A. 784/2024 Page 2 of 25

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 28^th 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 Tur