NIA seeks life term for Kashmiri separatist Asiya Andrabi for waging war against India

The NIA has sought life imprisonment for Kashmiri separatist and Dukhtaran-e-Millat chief Asiya Andrabi following her conviction in a UAPA case, saying she had waged war against India and a stern message is required to be sent that conspiring against the State will invite the harshest penalty.

Submissions were made before the Additional Sessions Judge Chander Jit Singh, who was hearing arguments on the quantum of sentence against Andrabi and her two associates, Sofi Fehmeeda and Nahida Nasreen. They were convicted under the stringent anti-terror law, Unlawful Activities Prevention Act (UAPA), earlier in January.

“The convicts are well-educated women, and their acts were part of a deep-rooted conspiracy to wage war against the Government of India. They were not just part of the conspiracy but were the main perpetrators,” the National Investigation Agency (NIA) submitted in its written arguments.

The special public prosecutor representing the NIA submitted before the court that Andrabi and her two associates used social media and seditious gatherings with the support of terrorist entities based abroad to wage a war against India.

“From a reading of posts, imputations made and assertions on Twitter and Facebook posts of convicted persons, it is evident that they were running a concerted war against the Government established by law in India,” the SPP said.

She submitted that they used their proscribed organisation, Dukhtaran-e-Millat (DEM), to incite insurrection and seek the secession of Jammu and Kashmir from the Union of India.

The trio was convicted by the court on January 14, 2026, for various offences under the UAPA and IPC, including conspiracy to commit terror acts and waging war against the state.

The agency highlighted that Andrabi, the chairperson of DEM, has a long history of criminal activities, with 33 FIRs registered against her across various police stations in Jammu and Kashmir.

Her associates, Fehmeeda and Nasreen, are involved in nine and five cases, respectively.

The NIA informed the court that the convicts colluded with Pakistan-based entities and UN-designated terrorist Hafiz Saeed, the founder of Lashkar-e-Taiba (LeT).

“This transforms their conspiracy from a domestic matter into a cross-border collusion against the security, sovereignty, and integrity of India,” the agency told the court.

The NIA counsel argued that the convicts’ provocative speeches and social media posts radicalised impressionable youth, leading them to join militancy.

She cited several major terror attacks, including those in Pulwama, Uri, and at the Red Fort and noted that such radicalisation often results in the loss of innocent lives and public property. The prosecution also pointed to a specific instance where Andrabi slaughtered a cow during a protest to defy the Indian legal system and promote enmity between communities, an act the NIA termed “prejudicial to national integration”.

Responding to this, the defence counsel representing all three convicts argued that the agency did not provide any evidence to prove its claim.

Seeking the harshest penalty, the NIA argued that any leniency would undermine public confidence in the efficacy of the law.

“The social impact of the crime, where it relates to terrorism and waging war against India, requires exemplary treatment. A stern message is required to be sent that conspiring against the State will invite the harshest penalty,” the agency said.

The NIA has requested the court to award life imprisonment under IPC Section 121A and relevant sections of the UAPA, further praying that the sentences for different counts should run consecutively.

Opposing the life term punishment, the defence counsel argued that the prosecution failed to show any evidence that the speeches or posts of the convicts ever instigated people to violence.

The judge also gave Asiya and two others an opportunity to speak as they attended the hearing virtually.

After hearing arguments from both sides, the court listed the matter for March 24 for pronouncing the sentencing order.

Andrabi and her associates were convicted under the offences of UAPA sections 20 (punishment for being a member of a terrorist gang or terrorist organisation), 38 (offence relating to membership of a terrorist organisation) and 39 (supporting a terrorist organisation).

The court also convicted the three under IPC sections 153 A (promoting enmity between different groups), 153B (imputations, assertions prejudicial to national integration), 120B (criminal conspiracy) and 505 (statements conducing to public mischief) and 121A (conspiracy to commit offences against the State).