The Kerala High Court, in a significant ruling, upheld the conviction of Subahani Haja @ Abu Jasmine under the Unlawful Activities (Prevention) Act (UA(P) Act) for joining the proscribed terrorist organization ISIS. However, the bench comprising Justices Raja Vijayaraghavan V and K.V. Jayakumar reduced his life sentence to rigorous imprisonment for ten years, considering mitigating circumstances.
Background of the Case
Subahani Haja was charged under Sections 120B, 122, and 125 of the Indian Penal Code (IPC) and Sections 20, 38, and 39 of the UA(P) Act. The prosecution alleged that he traveled to Iraq via Turkey in 2015, received arms training from ISIS, and participated in their activities. After returning to India, he attempted to procure explosives from Sivakasi, Tamil Nadu, for alleged terrorist activities.
The prosecution relied on digital evidence, including social media chats and emails, which revealed Subahani’s communication with ISIS members. His Gmail and Facebook accounts showed searches related to jihad and ISIS. Witnesses, including an approver (PW34), testified about his involvement. Forensic reports confirmed traces of explosive materials on his clothing.
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The court dismissed defense arguments challenging the recovery of evidence and the credibility of digital extracts. It upheld the trial court’s findings but noted mitigating factors:
- Subahani’s age (35 at the time of the offense).
- No criminal antecedents.
- Unsuccessful attempt to procure explosives.
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While affirming the gravity of the offense, the court reduced the life sentence under Section 20 of the UA(P) Act to ten years, citing principles of proportionality and reformation. The bench referenced precedents like Krishna Mochi v. State of Bihar and Alister Anthony Pareira v. State of Maharashtra to emphasize balanced sentencing.
Case Title: Subahani Haja @ Abu Jasmine v. Union of India (NIA)
Case No.: Crl.A. No. 768 of 2021
