The Special NIA Court in Kochi on Monday sentenced two convicts to 14-year rigorous imprisonment and three others to 12 years in the case pertaining to the conduct of a secret meeting of the banned Islamist organisation, Students Islamic Movement of India (SIMI), at Panayikkulam near Kochi on the Independence Day of 2006. The court had on November 25 found them guilty under various sections of the IPC and UAPA.
Those sentenced to 14-year imprisonment were first accused PA Shaduli (33) and second accused Abdul Rasiq (36), both natives of Irattupetta, Kottayam while those who got 12-year jail term were third accused Ansar Nadvi (34) of Aluva near Kochi, fourth accused Nizamuddin (34) from Panayikkulam and Shamnas alias Shammi (30) from Irattupetta.
The judge also imposed a fine of Rs 60,000 each on Shaduli and Rasiq. He slapped a fine of Rs 55,000 each on Nadvi, Nizamuddin and Shammi. The judge rejected pleas for relaxation in the punishment saying that the offence committed was against the nation. The case was first probed by the Kerala Police and later handed over to the NIA.
Second accused Rasiq and third accused Nadvi were found guilty of sedition under Section 124 (A) of the IPC while first accused Shaduli, fourth accused Nizamuddin and fifth accused Shammi were convicted for criminal conspiracy under Section 120 (b). All the five were also found guilty under Section 13(1)(B) of the Unlawful Activities (Prevention) Act (UAPA).
The court awarded them a maximum sentence of seven-year rigorous imprisonment under Section 13(1)(B) of the UAPA besides sentencing them under various sections of the UAPA and IPC. The judge said that the convicts were not entitled for the benefit of concurrent running of case but the sentences would run consecutively.
As per this, Shaduli and Rasiq will have to undergo the substantive sentence of 14-year rigorous imprisonment each and Nadvi, Nizamuddin and Shammi will have to go through a substantive 12-year jail term each. The period of remand undergone by the accused would be given set off as mandated under Section 428 of the CrPC.
The court said it was convinced about the conduct of the meeting of the banned outfit on August 15, 2006 and that the accused had willfully participated in it. The court had last week acquitted 11 of the total 18 accused for want of evidence. Rasheed Moulvi of Ottapalam, one of the accused, had turned approver.
Though the court was scheduled to pronounce the verdict in the case two months back, the trial proceedings became uncertain following the finding that thirteenth accused Swalih was a minor at the time of the secret meeting. In this context, the trial against him was shifted to the Juvenile Court in Kottayam.
As per the NIA’s chargesheet, the 17 accused Islamists had attended the Panayikkulam meeting with books and pamphlets with anti-national and seditious contents with the intention of spreading hatred towards the Government and conducting Jihad for cession of Kashmir from India.
The Binanipuram police which had filed an FIR over the incident had registered cases against five SIMI operatives among the participants and exempted the 13 others. However, 13 persons hailing from Idukki, Kottayam, Thrissur Palakkad and Ernakulam were included in the list of accused later.
The investigators concluded that the 13 persons who were at the auditorium as listeners had reached there with the intention of taking part in the meeting and that they had given encouragement to those on the dais.