Supporting IS ideology is not waging war against nation: Kerala High Court

KOCHI:  While modifying the sentence awarded by Ernakulam NIA Special Court to Yasmeen Mohammed Zahid, accused in Kerala IS recruitment case, the Kerala High Court on Thursday observed that supporting the ideology of a banned organisation is different from waging war against the nation.

A Division Bench comprising Justice A M Shaffique and Justice P Somarajan issued the order on the appeal filed by Yasmeen, a Bihar native.  She was arrested on August 1, 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 organisation. 

The court set aside the sentence awarded to the accused of the offence 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. The court said though there was evidence to prove she had attended classes propagating Jihadi ideology by first accused Abdul Rashid, there was absolutely nothing to prove she had taken any steps to wage a war or attempted to or abetted waging. 

However, the court said 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 organisation. The High Court awarded her one-year imprisonment for the offence under Section 120 B and three years for the offence under Section 38 of the UAP Act. The sentence will run concurrently.