"His Actions Were Motivated By Religious Ideologies": Kerala HC Cites Reason For Reducing Sentence In ISIS Recruitment Case

The Kerala High Court has upheld the conviction of Riyas Aboobakkar under Sections 38 and 39 of the Unlawful Activities (Prevention) Act (UAPA) and Section 120B of the Indian Penal Code (IPC) for criminal conspiracy for attempting to motivate others to carry terrorist activities following the ideology of the ISIS.  The Court, however, modified the sentence for offences under the UAPA from 10 years rigorous imprisonment to 8 years rigorous imprisonment.

The Division Bench of Justice Raja Vijayaraghavan V and Justice Jobin Sebastian confirmed the guilty verdict delivered by the Special National Investigation Agency (NIA) Court in Ernakulam, which found Aboobakkar guilty of propagating ISIS ideology and advocating violence against non-Muslims.

One of the eight reasons cited by the High Court to reduce the sentence of the convict is that "His actions were motivated by religious ideologies".

Riyas Aboobakkar was accused of maintaining contact with ISIS terrorists abroad and making efforts to convince others to carry out Istishhad Operation (martyrdom operation) associated with armed warfare and ‘military jihad’ citing various Islamic texts. The prosecution had led evidence to show that he showed his affiliation to ISIS and looked down on Muslims who accepted the democratic principles. 

The NIA also led evidence which showed that Riyas believed that India is a land of “Kafirs,” making it impossible for Muslims to live peacefully in the country. During the examination of witnesses, it was revealed that he had advocated for suicide bombings in India for ISIS.

The prosecution had also produced evidence to show that Riyas said that Muslims do not hold power in India, and warned that if Muslims denigrate their religion, Kafirs (non-believers) may abuse “Allah”. He further said that anyone who abuses “Allah” may lose their tongue and advised Muslims not to show love or affection to people who follow other faiths.

“We have no doubts in our mind that the acts proven against the accused would clearly attract Sections 38 and 39 of the UA(P) Act, and the findings of the learned Sessions Judge to that effect do not warrant any interference,” the Bench further observed.

For reducing the sentence, the Court also mentioned mitigating factors like Aboobakkar's age(29) at the time of the offense and his potential for rehabilitation.

The case stems from a 2016 investigation into individuals who had joined ISIS after disappearing from Kerala. Evidence uncovered by the Special Investigation Team revealed that Aboobakkar had connections with individuals facilitating migration to ISIS territories and had engaged in online and offline propaganda to further the group's activities.

The Court noted Aboobakkar's admiration for Zakir Naik, who is banned under UAPA, and his communications with ISIS leader Zahran Hashim, the mastermind of the 2019 Easter bombings in Sri Lanka. Digital evidence, including Facebook posts endorsing jihadist ideology and participation in conspiracy meetings, corroborated his intent to support ISIS's agenda.

"We are of the view that the trial court has rightly held that the prosecution has succeeded in proving that PWs 1 and 2 and the accused were radicalized through the ideologies of ISIS, a terrorist organization. It has also been established that the accused was a party to the criminal conspiracy to further the activities of the terrorist organization and to garner support by migrating to ISIS controlled territories. It has also been established that the accused had associated himself and had professed to be associated with ISIS, with intent to further its activities. Materials also clearly reveal that the accused with intent to further the activities of the proscribed organization had invited support and thereby committed the offence punishable under Section 120B of the IPC r/w. Sections 38 and 39 of the UA(P) Act and Sections 38 and 39 of the UA(P) Act," the Court said. 

Two approvers provided testimony confirming Aboobakkar’s involvement in promoting ISIS’s ideology, planning suicide attacks, and encouraging violence. The Court concluded that the prosecution had established that Aboobakkar was radicalized by ISIS ideology and was actively involved in garnering support for the organization.

While affirming the conviction, the High Court reasoned that a reduced sentence of 8 years would be appropriate, considering the appellant’s youth at the time of the offense, the sentences of co-accused in similar cases, and the absence of other criminal involvement.

The Court remarked, “The appellant being an Indian citizen, the sentence imposed must be stern but tempered with some amount of mercy.”

Cause Title: Riyas A@ Riyas Aboobakkar @ Abu Dujana v. Union of India [CRL.A NO. 783 OF 2024]

Appearance:-

Appellant: Advocates Biju Antony Aloor, K. P. Prasanth, Haseeb Hassan M., Asokan K.V., Krishnasankar D.

Respondent: ASG A.R.L. Sundaresan, Public Prosecutor Sreenath, Senior Public Prosecutor Arjun Ambalapatta

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