When Justice Becomes a Message: The Case of Asiya Andrabi and the Erosion of Law. By Salman Khan.
- Salman Khan Kashmir
- 1 day ago
- 4 min read
The recent sentencing of Asiya Andrabi by a court in New Delhi India ( Banana Republic) to life imprisonment under the Unlawful Activities (Prevention) Act marks a troubling moment in the trajectory of justice in India. Alongside her, Sofi Fahmeeda and Nahida Nasreen have been handed 30-year sentences—after already enduring nearly eight years in detention.
This is not merely a legal outcome. It is a signal.
A signal that the boundary between law and political messaging is becoming dangerously blurred.
Punished for Speech, Not Violence
At the heart of this case lies a deeply unsettling reality: the most serious allegations—those of direct involvement in violent acts—were not the basis for conviction. Instead, the prosecution relied heavily on speech, political advocacy, and association.
This raises a fundamental question:
When did dissent become a crime warranting life imprisonment?
The prosecution’s own argument—to impose harsh punishment in order to “send a message” and preserve “national integrity”—was not only accepted but effectively endorsed by the court. Such reasoning undermines the very foundation of justice.
As legal scholars have long warned:
“When deterrence replaces proportionality, justice ceases to be blind—it becomes an instrument.”
The Process as Punishment
Equally alarming is the prolonged pre-trial detention—nearly eight years. This is not an isolated case. Across Jammu and Kashmir, hundreds remain incarcerated as trials drag on indefinitely.
In such circumstances, the process itself becomes the punishment.
This reality stands in stark contrast to established principles of international law, including the right to a fair and speedy trial, and protections against arbitrary detention as enshrined by bodies such as the United Nations Human Rights Council.
A Gendered Injustice
That all three convicted individuals are women adds another layer of concern.
The international community has repeatedly affirmed that the rights of women—particularly in conflict zones—require heightened protection, not targeted suppression. The sentencing of women activists for political expression raises serious questions about gendered dimensions of state power and repression.
As one human rights observer aptly noted:
“A society that imprisons its women for their words reveals more about its fears than its strength.”
Judicial Immunity or Judicial Responsibility?
Courts are not merely arbiters of law; they are custodians of justice. When judicial decisions align too closely with state narratives of “national security,” the risk is not only to individual liberty but to the credibility of the judiciary itself.
The notion of judicial immunity cannot be a shield against scrutiny.
Rather, it must be balanced with judicial accountability—especially when rulings appear to conflict with international human rights standards.
The Larger Context: Kashmir and the Crisis of Legitimacy
This case cannot be viewed in isolation. It unfolds within the broader and deeply contested context of Kashmir, a region long described by international observers as one of the most militarized zones in the world.
The continued political and legal suppression of voices from the region reinforces long-standing concerns regarding governance, representation, and the denial of fundamental rights.
A Call to Conscience
This moment demands more than quiet observation.
It calls for:
Civil society organizations to amplify these concerns through advocacy and documentation
International legal bodies to scrutinize the use of counter-terror legislation against political expression
Academia and media to challenge narratives that conflate dissent with disloyalty
Global citizens to raise their voices in defense of justice and human dignity
Because silence, in the face of such developments, is not neutrality—it is complicity.
Conclusion
The sentencing of Asiya Andrabi and her co-accused is not just a legal verdict—it is a test.
A test of whether the rule of law will remain anchored in justice, or drift into the realm of political expediency.
History has shown us that when courts become instruments of messaging, justice becomes its first casualty.
And when justice falters, the world must speak.
And above all, it reminds us that silence, too, is a form of complicity.
What Can Be Done Moving Forward
To move toward justice and peace in Kashmir, several actions are necessary:
Independent investigations: A credible, impartial inquiry into the sentencing of Asiya Andrabai, Sofi Fahmeeda and Nahida Nasreen, with full access to evidence and witnesses.
Legal reforms: Revisiting laws that grant immunity to security forces can help ensure accountability.
Support for victims: Providing psychological, financial, and social support to survivors and families is essential.
Dialogue and reconciliation: Encouraging open conversations between communities and authorities can build trust.
International attention: Global human rights organizations can play a role in monitoring and advocating for justice.
These steps require political will and commitment from all stakeholders.
Let South Africa stand with oppressed people of Kashmir— as it once did — on the right side.
of history. Do your digital activism and be part of Kashmir liberation from Indian illegally Occupation of Jammu and Kashmir.
Submit your complaint to South African Government:
Submit your Complaint to UN Complain Commission
Complaint Procedure Unit Human Rights Council Branch Office of the United Nations High Commissioner for Human Rights United Nations Office at Geneva CH-1211 Geneva 10, Switzerland Fax: (41 22) 917 90 11 E-mail: CP@ohchr.org
Office of the United Nations High Commissioner for Human Rights (OHCHR)ohchr‑InfoDesk@un.org
Working Group on Arbitrary Detention (UN Human Rights Special Procedure) wgad@ohchr.org
Aluta Continua
In Struggle
Salman Khan. Paul Harris Fellow, T.I
Chairman SAKAG & KCAU
South African Kashmir Action Group
Kashmir Centre for African Union
Executive member Kashmir Diaspora Coalition KDC
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