Asiya Andrabi moves to Delhi HC against refusal of examination of defence witness

New Delhi [India]: Kashmiri separatist leader Asiya Andrabi and two others moved an appeal in Delhi High Court challenging a trial court order refusing the examination of defence witness summoned in relation to a case registered under several sections of Indian Penal Code (IPC) and UA(P) Act.

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

According to the appeal, appellants earlier moved an application under section 233(1) CrPC for summoning two defence witnesses namely United Nations Resident Co-ordinator and Registrar General, Supreme Court through Record Clerk along with documents.

Later the court during the course of examining summoned defence witness was pleased to refuse further examination of the said witness holding that the certified copies of the document sought to be brought on record are sub-judice before the Supreme Court and the same could not have been provided as the appellant herein is not a party in the said proceedings, stated the appeal copy.

Kashmiri separatist Aasiya Andrabi and her two associates Sofi Fehmeeda and Nahida Nasreen were arrested by National Investigation Agency (NIA) for allegedly waging war against the Country, sedition and conspiracy to commit acts of terror in the country.
According to the investigation agency the case relates to allegedly waging war against the country with support from Pakistan, including terror entities there.

The trial Court earlier put Andrabi and her associates on trial for various offences punishable under IPC and the stringent Unlawful Activities (Prevention) Act (UAPA). They were arrested in April 2018

The trial Court earlier also framed charges under UAPA sections 18 (conspires or attempts to commit, or advocates, abets, advises or incites terror act), 20 (being a member of terrorist gang or organisation), 38 (offence relating to membership of a terrorist organisation) and 39 (offence relating to support given to a terrorist organisation).