While refusing to suspend the sentence awarded to the three men who attempted to join ISIS/Daish to take part in Jihad, the Kerala High Court recently said no religion propagates terrorism or hatred, it is the fanatics and religious fundamentalists who have distorted the views of a religion.
“Terrorism is an evil affecting the life and liberty of people. It affects the growth of the nation in all respects,” the court said.
The division bench of Justice Alexander Thomas and Justice Sophy Thomas was hearing the applications moved by three men seeking suspension of sentence and release on bail. Their appeal against conviction under the provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code is pending.
The appellants were arrested in October 2017 when they, along with three other accused, attempted to reach Syria to join ISIS. Two of the appellants were intercepted by Turkish authorities when they were trying to cross over to Syria and were deported back to India, and the third, who was one of the masterminds in teaching ISIS/Daish ideology in Kerala, was arrested by the local police.
The trial court had found that there was overwhelming evidence to prove that the third appellant was indoctrinating youngsters in Kerala with the ISIS ideology and motivating and sending youngsters to Islamic State announced by ISIS for waging war against Asiatic powers such as Syria, which were at peace with India.
The trial court had also given clear findings that the appellants had the intention to perform Hijra (migration) to Syria for indulging in Jihad.
The trial court, therefore, had sentenced that the two men undergo rigorous imprisonment for seven years and the third one for rigorous imprisonment of six years.
Moving the application, the counsel for the appellants argued that the accused were never released on bail during the trial and they had completed more than five years in custody.
Since set off was allowed for the period of remand during the trial, a major portion of their sentence is already over, and the period remaining is less than two years, he contended.
The counsel further asserted that before the trial court, the prosecution failed to prove the case against the appellant beyond reasonable doubt, therefore, there was every chance for them to succeed in the appeal.
However, the pleas were objected by the Union of India represented by the National Investigation Agency (NIA), Kochi.
The NIA submitted that the Special Court convicted and sentenced the accused on analysing all facts, evidence and circumstances in detail. It submitted that there was sufficient evidence to conclude that the three men associated themselves with ISIS.
The counsel for the NIA also said if the men were released on bail, there is every chance for them to abscond and indulge in terrorist activities for they are highly motivated and charged with the ISIS ideology.
The bench found that in the conviction order, the trial court had given a clear finding as to the conspiracy of the appellants and their intentions and also there was no patent infirmity in it.
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