New Delhi: The National Investigation Agency (NIA) on Wednesday sought a death sentence for Kashmiri separatist leader Yasin Malik, who has been convicted in a terror funding case a few days ago. Earlier, Malik was produced before the Patiala House Court amid tight security. During the course of the hearing before the Special Judge, the NIA argued for the death sentence for Malik, according to court sources.
The lawyer who attended the court proceeding said, in the courtroom, "Yasin said that if I have been involved in any terrorist activity or violence in 28 years, if Indian Intelligence proves this, then I will also retire from politics. I will accept the hanging. With seven Prime Ministers, I have worked."
On the demand by NIA for the death penalty to the separatist leader, he said, "I will not beg for anything. The case is before this court and I left on the court to decide it." NIA SPP (Special Public Prosecutor) told the court that Yasin Malik is responsible, in part, for the Kashmiri exodus. The court which is set to pronounce the quantum of punishment said, "let's not go into all this. Stick to the facts. This is a terror funding case."
On May 19, Special Judge Praveen Singh posted the matter for May 25 to hear the arguments regarding the quantum of punishment for the offences levelled against Malik. The court also had directed the National Investigation Agency (NIA) authorities to assess his financial situation in connection with the terror funding case prior to Wednesday's hearing.
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The accused is facing a maximum punishment of the death penalty, while the minimum sentence can be life imprisonment in the cases in which he is involved. Notably, in the last hearing, Yasin had withdrawn his lawyer. As he pleaded guilty earlier, nothing was left to be heard during the course of the hearing. Yasin Malik has been charged with hatching a criminal conspiracy, waging war against the country, other unlawful activities, and disturbing peace in Kashmir.
He had pleaded guilty in the matter. On the last date of the hearing, he told the court that he was not contesting the charges levelled against him, including sections 16 (terrorist act), 17 (raising funds for the terrorist act), 18 (conspiracy to commit terrorist act), and 20 (being member of a terrorist gang or organisation) of the UAPA and sections 120-B (criminal conspiracy) and 124-A (sedition) of the Indian Penal Code.
The present case is related to the various terrorist outfits Lashkar-e-Taiba (LeT), Hizbul-Mujahideen (HM), Jammu and Kashmir Liberation Front (JKLF) and Jaish-e-Mohammed (JeM) backed by Islamic State perpetrating the terrorist and secessionist activities to disturb Jammu and Kashmir.
Shutdown in Srinagar ahead of the court verdict on Yasin Malik:
In view of the Kashmiri separatist leader Yasin Malik's court verdict, a strike-like situation is being observed in various areas of Srinagar. Shops remained shut in several areas of Srinagar, with little movement of people and vehicles on the roads. However, educational institutions and other government offices are open.
What does the chargesheet say about Yasin Malik's offences:
- Malik was arrested in the early 1990s and after his release, he had changed his path from militancy to politics. In 1993, he declared JKLF as a political group and became a constituent of the All Parties Hurriyat Conference (APHC), a separatist amalgam, he distanced himself from in the year 1993. Even as the NIA pleaded for capital punishment, the charges against him can invite a maximum punishment of life imprisonment.
- Malik had in 1988 after crossing the Line of Control (LoC) taken up arms training in Pakistan.
- Yasin Malik is accused number 14 in the chargesheet. he was arrested on April 10, 2019, though NIA had begun the crackdown on separatists in Kashmir in 2017. The allegations against accused Mohammad Yasin Malik alias Aslam (Accused-14) is that he is the head of the Jammu & Kashmir Liberation Front (JKLF), an organization involved in terrorist and subversive activities in Jammu & Kashmir.
- Being a part of the conspiracy related to secessionists and terrorist activities in the State of J&K, he was arrested in this case on 10.04.2019. On 26.02.2019, his house was searched and incriminating material including documents and electronic items were seized. It is further submitted that in 1993, JKLF became a part of AHPC.
- In 2016, accused Yasin Malik along with SAS Geelani and Mirwaiz Umar Farooq formed a self-styled group called Joint Resistance Leadership (JRL) and they started issuing directions to the masses to hold protests, demonstrations, hartals, shutdowns, roadblocks and other disruptive activities to push the entire society into chaos and lawlessness.
- Accused Yasin Malik had played a key role in orchestrating the protests and demonstrations. Apart from a protest calendar for the period - 06.08.2016 to 16.08.2016 which was signed by Chairman AHPC, a yearly calendar was also recovered from the house of accused Yasin Malik. During this period, the protests were very violent and 89 cases of stone-pelting and other unlawful activities were registered during this period.
- The strategy adopted by accused Yasin Malik in conspiracy with other accused was unearthed during the investigation. It is further submitted that from the premises of accused Yasin Malik, a copy of Hizb-ul-Mujahideen’s letterhead was seized. In the letterhead, terrorist organizations - HM, LeT and JeM jointly warned the people supporting football tournaments in the valley to disengage themselves and to show loyalty to the freedom struggle.
- Facebook chat between accused Yasin Malik and Shahid ul Islam shows that the stone-pelting incidents in Kashmir Valley were orchestrated as a part of a well-planned conspiracy hatched by the accused persons. It is further submitted that during the investigation, e-mails from the e-mail account of Yasin Malik were downloaded.
- These e-mails show that accused Yasin Malik had set up an elaborate structure and mechanism across the world to raise funds for carrying out terrorist and other unlawful activities in J&K in the name of “freedom struggle”.
- An aide of Yasin Malik sent an e-mail copied to him with the transcript of an interview given by accused Yasin Malik to a TV channel, wherein Yasin Malik stated that he had visited LeT camp in Muree where Hafiz Saeed had organized a felicitation event for him. Excerpts of the said mail have been reproduced in the chargesheet.
- The documents which have been pressed into service in order to prima facie show that this accused Yasin Malik had committed offences u/s 38, 39 and 40 UAPA are as under - The transcript of the news clip showing Yasin sharing the stage with Hafiz Saeed. It has been contended on behalf of the accused that he had not invited Hafiz Saeed to his stage and Hafiz Saeed had himself reached that stage.
- There is no evidence against accused Yasin Malik of raising funds for any terrorist organization. Though there is evidence that he had received some amount from Zahoor Ahmad Shah Watali who in turn had received it from Hafiz Saeed, amongst others.
- However, receiving money is not the same thing as raising money for a terrorist organization. Although there are some emails reflecting that the accused was raising funds for JKLF, it is not a terrorist organization as per schedule-I of the NIA Act. Thus, offence u/s 40 UAPA is not made out against this accused. (With Agency Inputs)
