Asia & Australia

October 10, 2018

Supporting ideology of banned organization is different from waging war against nation: Kerala HC


On October 04, in a case related to ISIS recruitment in Kerala, the state’s High Court held that supporting the ideology of a banned organization is different from waging war against the nation, thus modifying the sentence awarded to a woman convicted under Section 125 (Waging war against any Asiatic Power in alliance with the Government of India) and Section 39 to 40 of the Unlawful Activities (Prevention) Act in the said case.

The decision was pronounced by a Division Bench of Justices A M Shaffique and P Somarajan, who acquitted the women, Yasmeen, a Bihar native. She was arrested in August 2016 while attempting to travel to Afghanistan with her child. The accused entered into criminal conspiracy with another accused of raising funds for the terrorist organization.

The bench noticed that though there was evidence to prove that Yasmeen had attended classes propagating Jihadi ideology, there was nothing to prove that she had taken any step to wage a war or attempted to or abetted waging a war against the nation.

Nevertheless, the accused is guilty for offences under IPC Section 120 B for criminal conspiracy and under Section 38 of the UAP Act for membership of a terrorist organization, the bench concluded.

The bench thus awarded Yasmeen a prison term of one year for the offence under Section 120 B and three years for the offence under Section 38 of the UAP Act.

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