A Delhi court has convicted Dukhtaran-e-Millat (DeM) chief Asiya Andrabi and two other women associates in a UAPA case for their involvement in a terror conspiracy and seditious activities aimed at waging war against the Government of India and promoting the secession of Jammu & Kashmir. Judge Chander Jit Singh noted that the NIA had successfully proved that Andrabi, Sofi Fehmeeda, and Nahida Nasreen were key members of the banned terrorist organization Dukhtaran-e-Millat and had actively engaged in spreading secessionist, inflammatory, and anti-India messages through speeches, public gatherings, and social media.
The case originated from an NIA investigation conducted on the directions of the Union Ministry of Home Affairs, following intelligence reports that members of Dukhtaran-e-Millat were using online platforms and public events to spread hatred, promote armed militancy, and advocate for Kashmir’s merger with Pakistan. The NIA stated that DeM is an all-women separatist organization with a stated objective of secession from India.
In a detailed order dated January 14, the court convicted the three women under Sections 18, 20, 38, and 39 of the UAPA. They were also found guilty under Sections 120B (criminal conspiracy), 121A (waging war against the Government of India), 153A and 153B (promoting enmity), and 505 (statements conducing to public mischief) of the IPC. The court noted that the evidence on record demonstrated their endorsement, encouragement, and promotion of an armed struggle, including the use of force, to pursue the secession of Kashmir from India.
The court further noted that the accused had coordinated their activities aimed at secession from India in Kashmir, using religion as a justification. Their advocacy for Kashmir to become part of Pakistan was accompanied by support for other activities that could lead to physical violence. “In this case, the evidence on record, including witness testimonies regarding videos, posts, and re-posts, clearly shows that the accused were acting together towards the common goal of Kashmir’s secession from India in the name of religion. Their activities were directed toward this shared objective.”
“The fact that all three accused were working together is not in dispute,” the court said. The judge explained that the term “integrity of India” refers to the nation being united and undivided, including its physical unification. Therefore, any attempt to claim the secession of a part of the country on the basis of religion falls under Section 153B of the IPC.
The court noted that while the accused argued that Kashmir should merge with Pakistan on religious grounds, they remained silent on the status of other Muslim-majority areas in India. Their entire focus, the court observed, was only on Kashmir. “The accused claim that partition was based on dividing land for Hindus and Muslims. Since Kashmir has a population of about 90% Muslims, they argue it should go to Pakistan. Yet they make no mention of other Muslim-majority regions in India. The entire narrative of the accused revolves solely around Kashmir,” the court said.
The court further pointed out that the accused claimed a right to self-determination under UN resolutions, while simultaneously asserting that Kashmir already belongs to Pakistan and that India is illegally occupying it. “It is therefore clear that the accused do not recognize the Constitution of India, do not uphold it, and are not willing to respect India’s sovereignty, as they are seeking the secession of an integral part of the country,” the court concluded.
