Mumbai: A special court on Saturday sentenced anaesthesiologist Dr Adnanali Sarkar to six years of rigorous imprisonment after convicting him for his active involvement with the banned terrorist organisation Islamic State of Iraq and Syria.In jail since 2023, Sarkar voluntarily pleaded guilty to participating in a broad criminal conspiracy intended to threaten India’s unity, integrity, security, and sovereignty. He was convicted under multiple sections of the Unlawful Activities (Prevention) Act and the Indian Penal Code, including charges for causing the disappearance of evidence. Sentencing Sarkar, Special Judge Abhay A Joglekar said, “…this court requires that there should be a deterrent qua a message to the society, wherein such an act should not crop up within society in any form, more especially when it concerns the national security being put at stake by such elements. Thus, the…accused… will be required to undergo such punishment propelling a stringent message to such antisocial elements.”The maximum sentence attracted in the case was life imprisonment.The judge also noted that the offences were “quite serious in nature” and observed that the plea was “unequivocal, voluntary and made with a clear understanding of the consequences.” Sarkar has been in custody since July 27, 2023, and the court granted set-off for the period already undergone. Sarkar was also directed to pay a total fine of Rs 65,000.Upon pleading guilty, an accused gives up the right to a full trial. Such an application is usually filed before the court where the trial is pending and may include details such as whether the accused has any previous conviction in a similar case. A guilty plea is often placed before the court as a mitigating circumstance at the stage of sentencing.In the case registered by the NIA in July 2023, the investigating agency alleged that the six accused were involved in recruitment and fund-raising for the global terrorist organisation. Among those named were city-based Tabish Siddiqui, Padgha natives Zulfikar Ali Barodawala alias Lalabhai, Sharjeel Shaikh and Aakif Nachan, and Pune-based Zubair Shaikh alias Abu Nusaiba and Dr Adnanali Sarkar. Trial will continue against the remaining accused.Sarkar had initially pleaded not guilty when charges were framed, but later moved an application seeking permission to plead guilty and requested minimum punishment on humanitarian and mitigating grounds. Sarkar told the court that the plea was being made voluntarily after legal advice and without force, coercion, threat, inducement or undue influence. Sarkar submitted that he is a qualified medical practitioner in anaesthesiology, has no reported criminal antecedents, and has a dependent family, including a wife, four children and aged parents. “He states that the incarceration under the instant crime has placed onerous burden upon his family, which is facing pecuniary embarrassment,” the judge noted. The defence sought leniency, while the NIA prosecutor left the sentence to the court’s discretion.The judge said, “This court has satisfied itself that, the accused has pleaded guilty voluntarily. This court also asked the accused…about any fear or favour or pressure on him for pleading guilty. The accused… firmly negated the same.”The judge noted that UAPA Section 13 (unlawful activities) carries punishment up to five years with or without fine. Section 18 (conspiracy relating to terrorist act) has a mandatory minimum sentence of five years and may extend to life imprisonment. Sections 20, 38 and 39 (membership of and support given to terrorist gang or organisation) do not prescribe a minimum sentence, leaving punishment to the court’s discretion; Sections 18 and 20 may extend to life imprisonment, while sections 38 and 39 may extend to 10 years with fine. The accused is also being tried for criminal conspiracy related to UAPA offences and for causing disappearance of evidence under Section 201 IPC, and may be sentenced separately under Section 120-B IPC because conspiracy is an independent offence.The judge further noted that Sarkar and other accused were members of ISIS, a banned organisation under the UAPA, and had conspired to threaten the unity, integrity, security and sovereignty of India. The NIA alleged that the accused conducted meetings, created WhatsApp and social media groups, delivered online lectures on radical ideology under the garb of religious preaching, and sought to recruit youth.The court also referred to allegations that the accused promoted armed jihad, shared material related to weapons and improvised explosive devices, created media content for ISIS-linked publications, and worked on instructions from foreign-based handlers.
