The Special Court in Ernakulam has convicted and sentenced a man to 5 years of imprisonment for hatching a criminal conspiracy to strengthen and further the objectives of the proscribed terrorist organization ISIS.

Accused-Shaibu Nihar has been convicted for the offences punishable under Sections 120B of the Indian Penal Code read with Section 125 IPC, Sections 38, 39 and 40 of the Unlawful Activities (Prevention) Act and separately for the individual offences punishable under Section 125 IPC, Sections 38, 39 and 40 of UA(P) Act.

As per the investigation by National Investigation Agency (NIA), accused Shaibu Nihar @Abu Mariyam, who was working in Bahrain since 1999, had befriended Hamsa U. K. @ Taliban Hamsa an ardent supporter of hijra (migration to a territory under puritan Islamic rule), and armed jihad, and got radicalized on such anti-democratic ideology.

As instigated by Hamsa, accused Shaibu attended classes at Al Ansar Centre, Bahrain, which is an lslamic institute having links with Salafi scholars from Kerala. While attending the classes in 2010, he befriended 6 others and also Ashraf Ali M., who were all working in Bahrain and used to attend the classes.

Accused Shaibu along with Hamsa U. K. and Manauf Rahman made preparations and planned to leave for Syria in 2016. He transferred his properties in Kerala to his mother as he had planned to leave along with his wife and daughter from Bahrain to the lslamic State in Syria through Turkey.

Accused Shaibu continued his attempts to proceed from Bahrain to Syria to physically join lSlS/Daish for waging war on its behalf against the Syrian, Government. Further, he was also involved in raising funds, from Bahrain, for furthering the activities of the proscribed terrorist organization lSlS/Daish in Syria.

Eventually, he along with his wife and daughter left Bahrain and reached lstanbul on in 2017. However, he could not proceed further to Syria, since the Turkish authorities canceled the visa and deported them back to Bahrain.

NIA arrested accused Shaibu Nihar after he was intercepted by the Emigration Authorities at Calicut International Airport.

Among the eight accused arrayed in the FIR, except Shaibu Nihar and one Ashraf Ali, all others performed hijra to Syria and there are unconfirmed reports that they have been killed in Syria while waging war against the Syrian government.

Accused Shaibu Nihar pleaded guilty to the charges framed against him.

Since the plea of guilt made by the accused Shaibu Nihar, was accepted, he was convicted thereof for the offences punishable under Sections 120B IPC read with Section 125 IPC, Sections 38, 39 and 40 of the Unlawful Activities (prevention) Act and separately for the individual offences punishable under Section 125 IPC, Sections 38, 39 and 40 of UA(P) Act.

Advocate Mohamed Sabah appeared for the accused whereas NIA was represented by Public Prosecutor Sindu Ravishankar.

While sentencing accused-Shaibu Nihar, the Court noted that "He is remorseful for the acts committed by him. He wants to return to the mainstream, be productive in society and lead a peaceful family life, be in love with all living beings. He has made it clear that he is totally against the ideology of lSlS which propagates violence. According to him, he was merely carried away by the propaganda of some of his companions who favoured lSlS, without fully understanding what it really meant. He has reiterated that he is totally against violence."

Anil. K. Bhaskar, Judge for NIA Cases, further observed that "…the convict has not waged war against any government in alliance and peace with the government of lndia. lt was only found that he had taken flight tickets to Turkey intending to cross the border with Syria and to aid and assist the terrorist organisation which is engaged in war with the then Government of syria. Therefore some leniency can be shown while fixing the quantum of sentence for the offence under section 125 IPC."

Hence the Court ordered thus "He shall undergo rigorous imprisonment for three years under Section 120B IPC, rigorous imprisonment for five years under Section 125 IPC and also do pay a fine of Rs. 10,000/-, in default of payment of fine undergo rigorous imprisonment for a period of six months and rigorous imprisonment for five years each under section 38, 39 and 40 of UA(P) Act. The sentence of imprisonment can be ordered to run concurrently and the accused shall be given the benefit of Section 428 Cr.P.C."

Cause Title- Union of India v. Shaibu Nihar & Ors.

Click here to read/download the Judgment



National Investigating Agency (NIA)ISISSection 120B of IPCUAPA

Ashish Shaji