A National Investigation Agency (NIA) court in Kochi has sentenced, Subahani Haja Moideen an Islamic State terrorist who had returned from Iraq to life imprisonment and slapped a fine of Rs 2,10,000.
Subahani Haja Moideen (34) was found guilty under Section 125 of the Indian Penal Code for waging war against a friendly country and Section 120 B (criminal conspiracy) and Unlawful Activities Prevention Act (UAPA) by the court on Friday. Arguably, this is the first time a person has been convicted under Section 125 of the IPC.
According to the charge sheet, Subahani joined ISIS in 2015, by entering Iraq via Turkey. He received weapons training and was deployed with others on the battlefield near Mosul in Iraq. Subahani had also planned to attack and assassinate prominent people and influence his IS activities in Kerala and Tamil Nadu. He was arrested by the NIA on October 5, 2016. The NIA also found that Subahani recruited 15 people for ISIS through social media.
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.’
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