Terrorists Misusing Social Media, Using Journalistic Credentials To Incite Violence Are Factors Considered In Sentencing: Delhi High Court

The Delhi High Court has ruled that factors such as misuse of social media platforms by terrorists and using journalistic credentials for publishing magazines to incite violence are factors which cannot be ignored while awarding sentence in terrorist activities related cases.

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma observed that Courts will have to not merely bear in mind the crime committed in such cases but also its impact and propensity of the person to indulge in a similar crime in future.

“While encrypted platforms permit and encourage privacy and freedom of speech and expression, the misuse of the same by terrorists and banned organizations also would have to be borne in mind,” the Court said.

It added that such cases would have to be dealt with differently than cases involving innocent persons, who may have been pulled into crime without their knowledge.

“Factors such as funding through bitcoins, as also the use of journalistic credentials to publish and disseminate magazines to incite violence, also cannot be ignored,” it said.

The bench made the observations while dealing with appeals filed by two convicts- Hina Bashir Beigh and Sadiya Anwar Shaikh, seeking reduction of their sentences in a UAPA case.

NIA had alleged that the convicts were affiliated with the proscribed terrorist organisation Islamic State Khorasan Province and were carrying out anti-national activities in India.

The probe agency further alleged that incriminating anti-nationalist magazine named 'Voice of Hind' etc. were seized on the basis of disclosure made by Beigh. It was alleged that the accused created several anonymous IDs on social media platforms with the intention of concealing their identity while engaging in the anti-national activities.

In May, the NIA court had awarded sentence of eight years to Beigh under Section 38(2) of UAPA and eight years under Section 39(2) of UAPA with no fine.

On the other hand, Shaikh was awarded a sentence of seven years under Section 38 of UAPA and seven years under Section 39 of UAPA. All the sentences were to run concurrently. The imprisonment was simple imprisonment.

Observing that proliferation of crime through the internet and social media platforms cannot be ignored, the Bench analyzed the factors and principles considered by Courts in different jurisdictions while awarding sentence in terror related cases. It said that though specific guidelines have not been introduced on a policy level in India, the factors to be seen in awarding sentences are similar to those of other jurisdictions.

“While awarding sentences for terrorism-related activities, the Courts will have to, not merely bear in mind the crime committed but also the impact of the same and the propensity of the person to indulge in a similar crime in future. The intent behind providing a range of punishment that could be awarded for an offence is to give the Courts sufficient discretion to consider various aggravating and mitigating factors while awarding sentences,” the Court said.

The Bench observed that the fact that both the convicts were ladies who may not be fully aware of the complete plans of the primary accused could be mitigating factors but their association with the main accused as also the circumstances wherein they were seen inciting violence through publications during the CAA-NRC protests, would have to be borne in mind.

With respect to Hina Bashir Beigh, the Court modified her imprisonment from sentence of 8 years each to imprisonment for 6 years each for offences.

Regarding Sadiya Anwar Shaikh, the Court modified her imprisonment for a period of 7 years each to imprisonment for a period of 6 years each for offences. No fine was imposed on both the convicts for either of the offences.

Title: HINA BASHIR BEIGH v. NIA and other connected matter

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