Kerala: NIA Court convicts Islamic terrorist for joining ISIS and ?waging war against an Asiatic power, which is in alliance with India?

The National Investigation Agency (NIA) court in Kochi on Friday found a 36-year-old terror accused from Kerala, who fought for the Islamic State (IS) in Iraq, guilty of joining ISIS and waging war against Iraq.

The accused was charged and found guilty under section IPC 125 for ‘waging war against an Asiatic power, which is in alliance with India’. It may be one of the first such cases in Kerala.

During the final hearing, Subahani Haja Moideen, a native of Thodupuzha in Idukki, submitted that he does not believe in violence. “I believe in peace rather than violence. My age and family situation should be considered while deciding the quantum of punishment. I did not wage war against India or any other country. I am ready to accept the verdict of the court. However, the final judgment is made by almighty God,” he said.

However, Arjun Ambalapatta, senior prosecutor of NIA, said the accused should be given maximum punishment of life imprisonment under IPC section 125 and UAPA section 20.

According to IPC Section 125, ‘Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.’

“He wanted to do jihad in India before going to Iraq and joined. He wanted to procure a sniper rifle. Violent videos of IS activities were recovered from him. He has no regrets about the offences he committed. Hence maximum punishment should be granted and no lenience should be shown,” New Indian Express quoted Arjun as saying.

While probing another case related to ISIS, it was revealed that Subahani had travelled to Iraq via Turkey to join ISIS and fight against Iraq. He left India in February and entered IS-controlled Iraq in April 2015.

According to the NIA, he was trained and deployed at a warzone near Mosul in Iraq. After his friend died in the war, he tried to flee Iraq and was jailed by IS at Mosul. Later, he managed to return to India in September 2015 but continued to maintain his links with IS. The NIA has also found that he tried to procure explosives from Tamil Nadu.

Subahani was charged under the offenses IPC 120 (b) for criminal conspiracy, 125 for waging war against an Asiatic power in alliance with India, Unlawful Activities Prevention Act (UAPA) section 20 for being a member of a terrorist organisation, section 38 for committing an offence relating to membership of a terrorist organisation and section 39 for supporting a terrorist organisation.

In the majority of the portion of the judgment, the NIA judge P Krishnakumar has discussed the offence under the section that dealt with waging a war against an Asiatic power that’s in a friendly alliance with India.

“The accused had transgressed to the soil of IS occupied Iraq with his proved motive to join IS. He had actually started to abet war led by IS against Iraq, an Asiatic power in alliance with the government of India,” the court observed.

Similarly, the court observed that the accused attempted to collect chlorate, sulphur, aluminum powder and phosphorus — material used for huge explosions. “But at the same time, none of the said evidence is sufficient to constitute ‘preparation to wage war against the government of India’ which is the essential ingredient of the offence under section 122 IPC,” the court observed.

The court also appreciated NIA investigation officer A P Shoukath Ali, commending his painstaking efforts to bring on record all important materials though the offence was committed abroad. There was also a special mention for NIA senior prosecutor Arjun for taking ‘an earnest effort to assist it whenever required.’

The court will announce the sentence on Monday.

(With inputs from New Indian Express)