By TwoCircles.net Staff reporter,
Kochi: The National Investigation Agency (NIA) court has sentenced five men from Kerala, alleged to be members of the proscribed organization Students Islamic Movement of India (SIMI), after finding them guilty on various charges of criminal conspiracy, sedition, membership of unlawful association, participation in meeting of unlawful association and commission of unlawful act.
The Special Judge K M Balachandran on Monday sentenced accused P A Shaduly and Abdul Raziq to undergo Imprisonment (RI) for total period of 14 years with fine of Rs. 60,000 each under various counts, whereas Ansar Nadvi, Nizamudeen and Shammi have been sentenced to undergo Rigorous Imprisonment (RI) for total period of 12 years with fine of Rs. 55,000 each.
The case dates back to August 15, 2006 when, as per NIA, a secret meeting was held by SIMI at Happy Auditorium, Panayikulam that NIA claimed was anti-Government, seditious, inflammatory, provocative and capable of creating religious animosity.
The defence claimed that it was a public debate and discussion on the topic ‘role of Muslims in the freedom struggle’ and not in any way an unlawful assembly nor seditious in nature.
Initially, the case was built against 18 accused by the Binanipuram police in Aluva, and later some were released for lack of evidence except those who were found to be former members of the SIMI. Later the case was transferred to Kerala Anti-Terrorism Squad that charged all the 18 persons as an accused that included the men who were released by Aluva police due to lack of evidence.
In 2009 the case was transferred to NIA with the permission of central government. NIA turned one accused -Abdur Rasheed Moulvi as an approver in the case and removed his name from the list of accused as he got ready to become prosecution witness and testify against all 17 accused.
These 17 men included PA Shaduly alias Haris, Abdul Rasik, Ansar alias Ansar Nadvi, Nizamudeen alias Nizumon, Shammi alias Shammas, Shameer Yousuf , Abdul Hakeem Muhammed Iqbal, Nizar Muhammed, Mohayudheen Kutty alias Thaha, Muhammed Nissar, Ashkar Muhammed Ali, Nissar alias Muhammed, Abu Nissar, Salih Abdul Rasik, Hashim Ahamed Ashraf, Riyas C P Aliyar, Muhammed Naizam Pareed Hamsa and Nissar Ibrahim.
NIA filed a chargesheet against these 17 men on December 31, 2010.
Moulvi was among the audience at the programme organised on August 15, 2006. Moulvi’s testimony against accomplices helped NIA to prove the charges of conspiracy, sedition and of unlawful assembly otherwise it was very difficult for NIA to independently establish the case.
All these accused were on bail before the NIA special court found five persons guilty on November 25, 2015 and acquitted remaining 12 accused from the case.
Although the maximum sentence that the persons are awarded is seven years in one of the charge under section 13(1) (b) of UA (P) Act, 1967. However, the court has ordered that all sentences will run consequently and not concurrently therefore sentences will have to be summed up instead of only finding the largest one as the maximum sentence required to be completed.