Mumbai: Man convicted, sentenced to life for cyber terrorism

Additional Sessions Judge Dr A A Joglekar also convicted Ansari under Section 115 (abetment of offence punishable with death or imprisonment for life) read with Section 120B (criminal conspiracy) of the Indian Penal Code (IPC). He has been sentenced to five years in jail under this section. He has also been directed to pay a fine of Rs 25,000 under Section 43(a) of the IT Act (compensation for failure to protect data).

The court said that Ansari was provided access to a computer and the internet at his private office for official work and he had created a fake account on Facebook on the official device. The Maharashtra Anti-Terrorism Squad (ATS) had alleged that from August 2, 2011 till October 10, 2014, Ansari, through his fake account, chatted with people and sent “offensive messages” on ISIS ideology to “threaten the unity and integrity of the nation”.

The ATS had submitted that Ansari had made a profile by the name of Usayrim Logan, communicated with another person, and discussed carrying out a “lone wolf” attack and the “many target” available in Mumbai. It was also alleged that he had procured information on a thermite bomb in furtherance of the conspiracy to attack an American school to cause death of children of foreign nationals.

The court said that considering his job profile, which did not require access to such information, Ansari had “exceeded such authorised access” provided by his office. The court said that this proved the charge of cyber terrorism. “The evidence tendered by the prosecution in the given case do certainly demonstrate that the accused knowingly and intentionally with an intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of people by exceeding such authorised access,” additional sessions judge Joglekar said.

The court considered the deposition of 25 witnesses in the case. Special public prosecutor (SPP) Madhukar Dalvi sought the maximum punishment of life imprisonment for Ansari stating that the offences were serious and the accused is highly qualified. If released, there is a possibility that he might put into action what he set out to do in 2014, Dalvi told the court.

Ansari’s lawyers, Sharif Shaikh and Kritika Agarwal, had submitted that there was nothing to prove that Ansari had accessed the internet services from his office to spread terror activities or that he was planning on executing the attack.

The lawyers had also submitted that the section for cyber terrorism applies on those who breach or penetrate part of the computer system which they are not entitled and not for misusing access.

They also sought leniency on the ground that he had spent eight years behind bars, came from a poor family and that the alleged act was not actually committed.

The court said that the act may have caused injury to the interest of the integrity and security of the country and the punishment had to be proportionate to the severity of the offence.