A special National Investigation Agency (NIA) court in Delhi made a significant procedural decision on Monday, transferring the high-profile case against Kashmiri separatist leader Aasiya Andrabi back to the judge who originally convicted her. The court emphasized that the judge who delivered the conviction must also decide the sentencing, ensuring judicial continuity and fairness in this sensitive terrorism matter.
Judicial Transfer and Continuity in Terrorism Case
The case involves Aasiya Andrabi, founder of the all-women separatist group Dukhtaraan-e-Millat (DeM), who was arrested in April 2018. Her organization was subsequently banned under Indian law. Andrabi was convicted on January 15 under the Unlawful Activities (Prevention) Act (UAPA) and various Indian Penal Code (IPC) offences related to terror charges.
Background of Judge Transfer
Special Judge Chanderjit Singh, who presided over the NIA court and heard the case extensively since 2024, was transferred to the Karkardooma courts in November 2025. However, since the judgment was pending at that time, he took the case file with him to pronounce the verdict, which he delivered on January 14, convicting Andrabi.
Following this, Special Judge Prashant Sharma joined the NIA court after November 20, 2025. Judge Sharma noted in his Monday order that he received the case file only after January 16, by which time final arguments had already been concluded before Judge Singh. He emphasized that Judge Singh had "extensively heard" the matter, including final arguments, and had "examined the record threadbare" before reaching the conviction.
Legal Precedent and Reasoning
The decision to transfer the case back aligns with a Delhi High Court order dated July 15, 2025, which ruled that judges who reserve judgments must pronounce them within weeks of their transfer. This precedent supports judicial efficiency and prevents delays in high-stakes cases.
Judge Sharma's order highlighted the importance of having the same judge handle both conviction and sentencing phases, particularly in complex terrorism cases under UAPA. This approach ensures that the sentencing is based on a thorough understanding of the evidence and arguments presented during the trial.
Implications for the Andrabi Case
With the case now returned to Judge Chanderjit Singh, the sentencing phase will proceed under his jurisdiction. This move is expected to streamline the legal process and uphold the principles of judicial consistency. The case has drawn significant attention due to its implications for national security and the application of anti-terror laws in India.
Andrabi's conviction marks a pivotal moment in legal actions against separatist activities in Kashmir, and the upcoming sentencing will be closely watched by legal experts and policymakers alike. The NIA court's decision reinforces the judiciary's commitment to handling such cases with diligence and procedural integrity.
