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Sadiya Anwar Shaikh challenges her sentence in UAPA, Delhi HC seeks response from NIA
New Delhi: The Delhi High Court has sought a response from National Investigation Agency (NIA) on Sadiya Anwar Shaikh's plea challenging her sentence under UAPA.
Sadiya Anwar Shaikh along with four others was convicted for carrying out anti-national activities and their association with Islamic State Khorasan Province (ISKP) which is a part of the banned terror organisation ISIS.
She was sentenced to seven years imprisonment. She had pleaded guilty and was convicted on April 18, 2024.
A division bench of justices Prathiba M Singh and Amit Sharma directed NIA to file counter affidavit two days before the next date of hearing.
Sadiya Anwar Shaikh had moved an appeal through advocate Rajat Kumar challenging the order on sentence of May 6, 2024. She was given a sentence of 7 years for offences under Sections 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (UAPA).
Section 38 of the Unlawful Activities (Prevention) Act (UAPA) of 1967 deals with offences related to membership in a terrorist organization. It states that a person who commits such an offence can be punished with a fine, imprisonment for up to 10 years or both. Section 39 of the Unlawful Activities (Prevention) Act (UAPA) of 1967 deals with supporting terrorist organizations.
The grievance of the Appellant is that Accused Abdullah Basith, who is similarly placed in relation to the Appellant, has been sentenced for the period already undergone for the same offences. Basith had undergone custody for 4 years. The Appellant has been in custody for more than 4 years and prayed for a reduction of sentence.
"Let the NIA file its counter affidavit at least two days before the next date of hearing," the division bench said on August 27.
The nominal roll has also been requisitioned from the concerned Jail Superintendent by the next date of hearing. The matter has been listed on September 11 along with other 4 appeals moved by other Convicts.
Special NIA court had Convicted Abdullah Basith, Jahanzaib Sami his wife Heena Bashir Baig, Nabeel Siddiq and Sadiya Anwar Shaikh. She belongs to Pune District of Maharashtra.