NIA opposes Kashmiri woman separatist’s plea before Delhi HC

Andrabi was arrested in 2018 by the NIA for the alleged commission of offences under the Indian Penal Code, including sedition, waging war against the country, and the stringent Unlawful Activities (Prevention) Act (UAPA).
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Representational Image File/GK

New Delhi: The National Investigation Agency (NIA) has opposed in the Delhi High Court the plea of a Kashmiri woman separatist leader challenging the attachment of her mother-in-law's house, saying the property was utilised for “terror activities” and even for celebrating “Pakistan Day.”

The agency, in its reply, claimed that the attached house was used as the office of proscribed terrorist organisation Dukhtaran-e-Millat (DeM) by Aasiya Andrabi, and anti-India speeches were made and pro-Pakistani slogans were chanted at the meetings held there.

NIA said that besides the distribution of insurrectionary material, the Pakistani flag was also unfurled on its premises to profess Kashmir as part of Pakistan and India as an aggressor.

Andrabi, who was chief of the banned outfit Dukhtaran-e-Milat (Daughters of Nation), had approached the high court in August against a trial court order which refused to interfere with the attachment of the house by NIA.

NIA responded that the house, which was used for “acts of terror coupled with propaganda to destabilize the sovereignty and integrity of India”, was “proceeds of terrorism” and the attachment was done after following due procedure.

The agency said that Andrabi used social media platforms to spread insurrectionary imputations and hateful speeches for endangering the integrity, security, and sovereignty of India, and thirty-nine cases are registered against her under various laws in Jammu and Kashmir.

It clarified that even though the house was in the name of Andrabi's mother-in-law, there are “significant numbers of incriminating videos and photos” to show persons “openly advocating secession of Jammu and Kashmir from the Union of India from this attached house”.

“She along with her associates regularly celebrated ‘Pakistan Day' at her residence situated at Zair Number 34/1, 35/1, Iqbal Colony, 90 Feet Road, Soura PO- Naushera, PSSoura, Srinagar wherein anti-India speeches/slogans were made, insurrectionary material were distributed and pro-Pakistani slogans were chanted along with unfurling of Pakistani flag to profess that Kashmir is a part of Pakistan and that India is an aggressor,” the reply filed recently claimed.

“It was established that premises mentioned above has been used for holding meetings to commit unlawful activities and terrorist activities followed by Dukhtaran-E-Millat. As per sections 2(g) and 2 (h) of the UAPA, the above-said house comes under “proceeds of terrorism” as the house was being used for spreading terrorism and for a terrorist organization,” the reply said.

Andrabi was arrested in 2018 by the NIA for the alleged commission of offences under the Indian Penal Code, including sedition, waging war against the country, and the stringent Unlawful Activities (Prevention) Act (UAPA).

The case was registered by the NIA on directions of the Union Home Ministry. 

In her petition, Andrabi contended that the order of attachment was illegal as none of the owners of the property is part of Dukhtaran-e-Millat.

She further said that the attachment amounts to a “parallel proceeding” and is premature and not suitable in the eyes of law.

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