[Roorkee ISIS Module Case] 'Not Fit Case For Maximum Punishment': Delhi's Special NIA Court Sentences Five Convicts To 7 Yrs Imprisonment Under UAPA

A Special NIA Court in Delhi has sentenced five accused persons in connection with the Roorkee ISIS module case relating to the conspiracy to establish an ISIS base in India and to carry out terror activities in Delhi NCR and Haridwar region during the Kumbh festival.

Special NIA Judge Parveen Singh sentenced Akhlakur Rehman, Md. Azeemushan, Md. Meraj, Md. Osama and Mohsin Ibrahim Sayyed after they were convicted under various offences of Indian Penal Code, Unlawful Activities (Prevention) Act and the Explosive Substances Act.

All the convicts were sentenced to seven years of rigorous imprisonment and fine under UAPA along with five years rigorous imprisonment and fine under IPC offences, five years of rigorous imprisonment and fine under the section of Explosives Substances Act, among other charges. All the sentences will run concurrently.

In the order of sentence, the Court has observed that the fact that the convicts had committed a serious crime was an aggravating circumstance. However, it noted that the fact that they had voluntarily pleaded guilty and had shown remorse were the mitigating circumstances in their favour.

"It is further to be kept in mind that at the time of commission of the offence and their arrest, the convicts were of very young and impressionable age and at this stage, their contention that they were swayed by the propaganda and had taken a wrong path due to their immaturity cannot be brushed aside," the Court said.

The Court also opined that though some of the convicts were given punishments in jail since their conduct was not satisfactory, but during interaction, all the convicts had shown their inclination towards reformation.

"The offences for which convicts have been convicted also carries fine. However, it is a well settled law that for for imposition of fine, means of convicts and financial condition of convicts have to be kept in mind. All the convicts belong to a very low strata income group and in fact personally do not hold any assets. Therefore, fine has to be on the lower side," the Court added.

Accordingly, considering the aggravating and mitigating circumstances, the Court found that it was not a fit case for grant of maximum punishment to the convicts.

Case Title: NIA v. Akhlakur Rehman & Ors.