Asiya Andrabi Moves To Delhi HC Over Refusal Of Defense Witness Examination

Kashmiri separatist leader, Asiya Andrabi, along with two co-petitioners, on Wednesday lodged an appeal before the Delhi High Court, challenging an order passed by a trial court that denied the examination of a defense witness.

This action was taken within the context of a case registered under various sections of the IPC and the Unlawful Activities (Prevention) Act (UAPA).

The bench of Justices Siddharth Mridul and Anish Dayal fixed the matter for hearing on September 14, 2023.

As per the appeal, the appellants initially filed an application under Section 233(1) of the Code of Criminal Procedure to summon two defence witnesses, namely the United Nations Resident Coordinator and the Registrar General of the Supreme Court, through their Record Clerk, along with associated documents.

Subsequently, during the process of examining the summoned defense witness, the court decided to discontinue further examination of said witness. This decision was based on the court’s stance that the certified copies of the documents intended to be introduced as evidence were currently sub judice before the Supreme Court. Additionally, these documents couldn’t be provided as the appellant in this case is not a party to the ongoing proceedings, as stated in the appeal copy.

Furthermore, Kashmiri separatist Aasiya Andrabi, and her two associates Sofi Fehmeeda and Nahida Nasreen, were apprehended by the NIA on charges of allegedly waging war against the country, sedition, and conspiring to commit acts of terror in the country.

As per the investigation agency the case relates to alleging waging war against the country with support from Pakistan, and terror entities.

Previously, Andrabi and her associates were put on trial for several offences punishable under IPC & UAPA act. They were arrested in April 2018.

Moreover, the trial court framed charges under section 18, 20, 38, and 39 of the UAPA.