The Kerala court determined that the convict had become extensively radicalized by ISIS ideology and had been disseminating ISIS ideology through social media platforms for multiple years.
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A Kerala court has sentenced a man, identified as Riyas, to a decade in prison for his involvement in promoting the activities of ISIS, a recognized terrorist organization, and furthering its extremist ideology in India. Special Judge Mini S Das, presiding over the case, also imposed a fine of Rs 50,000 on the convict, underscoring the severity of the crimes committed under the Unlawful Activities (Prevention) Act (UAPA) and Section 120B of the Indian Penal Code, which pertains to criminal conspiracy.
The court’s findings revealed Riyas’s deep-seated radicalization and his active role in disseminating ISIS propaganda through various social media platforms. Judge Das highlighted the convict’s efforts to instigate fear and terror among “non-believers” and his attempts to recruit others to join ISIS. Notably, the judgment pointed out Riyas’s involvement in a criminal conspiracy aimed at executing terrorist acts in India, including ‘istishadi’ operations, a term used to describe suicide attacks.
Judge Das’s observations were stark, noting the absence of any genuine remorse from Riyas, which influenced the decision to impose the maximum penalty allowable under the UAPA offences. The court articulated the dangerous potential of extremist ideologies, especially when spread through the far-reaching influence of social media, to disrupt the peace, unity, and integrity of the nation. The judgment emphasized the necessity of a significant prison term to serve as a deterrent and to reaffirm the importance of maintaining public order and societal morale.
Riyas’s arrest in April 2019 was part of a broader investigation by the National Investigation Agency (NIA) into a larger network of individuals accused of affiliating with ISIS. The case initially stemmed from a 2011 complaint by a Kerala resident about a missing family, which, over time, unveiled a pattern of several individuals leaving India to join ISIS. Given the gravity of the findings, the NIA took over the investigation in 2016, which led to the identification and subsequent conviction of Riyas, among others.
Throughout the investigation, Riyas maintained his innocence, claiming he was falsely implicated. However, the prosecution presented compelling evidence, including the testimonies of two accused who turned approvers, which the court found convincing enough to establish Riyas’s guilt.
“It is proved that the accused is highly radicalized through ISIS ideology and he had been spreading the ideology through social media platform for the last several years. The uploads, posts and comments made in social media supporting ISIS, a terrorist organization would have caused to increase the growth of radicalization in geometric progression due to the wide spread reach and influence of online platform. The seeds of extremist ideologies, when sown and nurtured in human mind it can grow into destructive forces that would threaten the peace, unity and integrity of the country. When the offence committed by the accused is against public order affecting morale of the society, significant terms of imprisonment to send a clear message of deterrence and to re-affirm the importance of upholding public order and societal morale is absolutely essential in the interest of justice,”
-the Court added.
This sentencing marks a critical moment in India’s ongoing efforts to combat terrorism and radicalization within its borders. The case underscores the challenges posed by the digital proliferation of extremist ideologies and the importance of a robust legal framework to address these threats effectively.
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As the country continues to navigate the complexities of national security in an increasingly connected world, this judgment serves as a reminder of the imperative to vigilantly safeguard the nation’s peace and democratic values against the forces of extremism and terrorism.
CASE TITLE:
Union of India represented by NIA v. Riyas A
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