14-year rigorous imprisonment for two convicts in Panayikulam SIMI case
Kochi: The NIA Special Court, Ernakulam, on Monday awarded 14-year rigorous imprisonment and a fine of Rs 60,000 each to P.A. Shaduly and Abdul Rasik, the first two accused in the Panayikulam SIMI camp case.
Holding that five accused had tried to excite violence by organising a secret meeting of the banned outfit at Panayikulam, near Kochi, on August 15, 2006, the court also slapped 12-year rigorous imprisonment along with a fine of Rs 55,000 on Ansar Nadvi, Nizamudheen and Shammas, the other three convicts.
NIA Special Court Judge K.M. Balachandran upheld the demand of the NIA for a maximum sentence under Unlawful Activities Prevention Act and observed that the accused are not entitled to get the benefit of concurrent running of sentence considering the nature of the offence.
The court had acquitted 11 persons in the case. The trial of an underaged accused would be held at the Juvenile Court, Ernakulam.
“The ideology of SIMI was actually spoken by the accused in the meeting and the same amounts to advocating, inciting and abetting unlawful activities. They vouched for the cession of Kashmir from India and to bring hatred and contempt towards the government,” the court observed and added the speech related to counter attacking the Indian military force.
The court also accepted the contention of NIA prosecutor P.P. Manu that the first five accused had concealed letters and books which later proved to be anti-national in nature.
The court sentenced Shaduly and Abdul Rasik to undergo rigorous imprisonment of three years under 120(B) r/w section 124 A of IPC, seven years under 13(1) (b) of UAPA and two years each under section 10(a)(i) and 10(a)(ii) of UAPA.
Acquitting the other 11 accused, it observed that a mere attendance in a meeting of a banned organisation will not be an offence. The NIA argued that the 12 participants clapped their hands during the meeting and thus encouraged the accused.
The court refused to accept the contention. It lauded the efforts of making Rasheed Maulavi, an imam, who participated in the meeting, an approver in the case.
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