KOCHI: “Let us punish them for what they did and not for what they longed to do.” This was the stand adopted by the NIA Court in the Kanakamala Islamic State (IS) case in which the accused were not found to be members of the global terror outfit. In its 218-page verdict, NIA Court Judge P Krishna Kumar substantiated his decision to establish that the accused persons were not members of IS.
“The members of the group never considered themselves as members of IS, though it might be their cherished desire. “Indeed, there is every possibility that most of them might have accepted the membership of IS with pleasure and pride if they had got an opportunity. “But, let us punish them for what they did and not for what they longed to do,” he pointed out in the judgment.
According to the court, the group’s participation in meetings organised by the association, their involvement in the key operations of the association and the role played by them in its general activities are some of the characteristics to show membership. All these were absent in the case.
“It cannot be forgotten that all their acts were on social media, except for a few acts like sending money from abroad, holding a meeting at Mavoor and the final meeting at Kanakamala. They never did or attempted to do anything in the real world. It is thus difficult to hold that by the mere comments made by them in the perceived privacy among the group members, they had become members of ISIS, unless it is shown that they had actually got involved in any of the dreadful activities of those organisations,” said the court.
Kanakamala IS case trial summary
No of persons turned accused:8
No of persons faced trial: 7
No of persons convicted: 6
Prosecution exhibits: 174
Defence exhibits: 5
Prosecution witness: 103
Material objects: 131
Time taken: 14 months