Jurisdictional Hurdle in Andrabi UAPA Case: Who Will Sentence the Convicted Separatist Leader?

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A Delhi court's unusual predicament has left the fate of Kashmiri separatist leader Aasiya Andrabi and her associates hanging in the balance. Last week, a hearing revealed that the judge who delivered the conviction judgment under the Unlawful Activities (Prevention) Act (UAPA) is no longer competent to decide their punishment. The issue arose after special judge Prashant Sharma at the Patiala House Courts noted that the conviction judgment was delivered by his predecessor, Chanderjit Singh, who was transferred as district judge to the Karkardooma Courts. Singh's transfer raises questions about whether he can hear arguments on the quantum of sentence or if the matter must be decided afresh by the designated NIA court. A Delhi High Court order in July 2025 laid down mandatory protocols for judges who are transferred after reserving judgments. According to the guidelines, a judge who has reserved judgment must pronounce it within two to three weeks of transfer, and the matter cannot be listed for re-hearing before the successor court. In the Andrabi case, Singh reserved judgment on September 9, 2025, and was transferred on November 18 that year. Despite this, he delivered the 286-page conviction ruling, prompting the successor court to flag concerns about the proper forum for the sentencing hearing. The National Investigation Agency (NIA) has requested time to make submissions on which court should pass the order on sentence in the case. The court has adjourned the matter to February 2 and directed the jail superintendent to submit the convicts' nominal rolls, which includes details of their criminal antecedents, conduct in prison, and financial capacity to pay fines imposed at the time of conviction. Senior advocate and noted criminal lawyer Sidharth Luthra explained that while procedural law expects continuity between trial and sentencing, statutory limits under the NIA Act complicate matters. "Section 258 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) contemplates that sentencing should ordinarily be done by the same judge who heard the entire case," Luthra said. "However, an order on sentence cannot be passed by a judge who does not have powers under the NIA Act.