On Wednesday, the National Investigation Agency (NIA) requested the court to sentence Yasin Malik, a separatist leader from Jammu and Kashmir, to death, while Malik said he would not beg for anything and left the choice to the court.
In the courtroom, a lawyer who had attended the hearing said, “Yasin declared that if Indian intelligence establishes that I have been involved in any terrorist action or violence in the past 28 years, I would likewise step down from politics. I’ll take the death penalty. I’ve worked with seven Prime Ministers in my career.”
On the NIA’s demand for the separatist leader’s execution, he stated, “I’m not going to beg for anything. The case is before this court, and I will defer to its decision.”
Yasin Malik, according to the NIA Special Public Prosecutor (SPP), is partly to blame for the Kashmiri exodus.
The court, which will determine the severity of the punishment, stated, “Let’s not get too far into this. Focus on the facts. This is an instance of terror funding.”
He had previously been found guilty by the court. In the terror funding case, Malik had also pled guilty.
On Wednesday, the NIA’s counsel asked for the highest penalty against Malik. However, a court-appointed amicus, Advocate Akhand Pratap Singh, sought the least amount of punishment possible (life imprisonment).
“I have already provided my remarks in court, and now it is the court’s discretion,” Yasin Malik remarked on the sentence issue.
Special NIA Judge Praveen Singh indicated he will issue the decision today at 3:30 p.m., but it was later pushed back to 4:00 p.m.
The court had already ordered NIA to provide an affidavit on Yasin Malik’s socioeconomic position with the help of local authorities. Malik must also produce an affidavit detailing all of his sources of income and assets (movable and immovable).
Malik had stated in court that he would not defend the charges brought against him.
Yasin Malik had already been found guilty of crimes under sections 120B IPC, 121 IPC, 121A IPC, 13 UAPA r/w 120B IPC, 15 UAPA r/w 120B IPC, 17 UAPA, 18 UAPA, 20 UAPA, 38 UAPA, and 39 UAPA.
Farooq Ahmed Dar alias Bitta Karate, Shabbir Shah, Masarat Alam, Md Yusuf Shah, Aftab Ahmad Shah, Nayeem Khan, Md Akbar Khanday, Raja Mehrajuddin Kalwal, Bashir Ahmad Bhat, Zahoor Ahmad Shah Watali, Shabir Ahmad Shah, Abdul Rashid Sheikh and Naval Kishore Kapoor earlier formally signed the court order copy and said they are ready to face trial in the case.
The NIA Judge, while passing the order, had said, “The analysis reflects that the statements of witnesses and documentary evidence have connected almost all the accused with each other and to a common object of secession, to the commonality of means they were to use, their close association to terrorist/ terrorist organisations under the guiding hand and funding of Pakistani establishment.”
On March 16, the NIA Court ordered the filing of charges under various sections of the UAPA against Lashkar-e-Taiba (LeT) founder Hafiz Saeed and Hizbul Mujahideen chief Syed Salahuddin, as well as Kashmiri separatist leaders Yasin Malik, Shabbir Shah, Masarat Alam, and others in a case involving terrorist and secessionist activities in Jammu and Kashmir.
The court also ordered the filing of charges against Kashmiri politician and former MLA Rashid Engineer, businessman Zahoor Ahmad Shah Watali, Bitta Karate, Aftab Ahmad Shah, Avatar Ahmad Shah, Naeem Khan, Bashir Ahmed Bhat, alias Peer Saifullah, and others under various sections of the IPC and UAPA, including criminal conspiracy, waging war against the country, and unlawful activities, among others.
The court noted that, during the course of arguments, none of the accused argued that individually they do not have a secessionist ideology or agenda or that they have not worked for secession or advocated for the secession of the erstwhile state of Jammu and Kashmir from India.
Witnesses after witnesses have deposed that All Parties Hurriyat Conference (APHC), its factions after division and Joint Resistance Leadership (JRL) had only one object and that was the secession of Jammu and Kashmir from India.
Witnesses have connected accused Shabir Shah, Yasin Malik, Zahoor Ahmad Shah Watali, Naeem Khan and Bitta Karate to APHC and JRL. Another witness has connected Er. Rashid to Zahoor Ahmad Shah Watali who in turn is closely intertwined with APHC and Pakistani establishment/ agencies, the court noted.
However, the court also clarified that whatever has been expressed in the order is a prima facie opinion although, a detailed discussion of the evidence had to be done because the arguments were advanced by both sides in much detail.
According to the NIA, various terrorist organizations such as Lashkar-e-Taiba (LeT), Hizb-ul-Mujahideen (HM), Jammu and Kashmir Liberation Front (JKLF), Jaish-e-Mohammed (JeM) etc., with the support of ISI of Pakistan, perpetrated violence in the valley by attacking civilians and security forces. It was further alleged that in the year 1993, the All Parties Hurriyat Conference was formed to give a political front to secessionist activities.
The NIA charge sheet submitted that the central government received credible information that Hafiz Muhammad Saeed, Amir of Jammat-ud-Dawah and the secessionist and separatist leaders including the members of Hurriyat Conference have been acting in connivance with active terrorists of banned organizations like Hizb-ul-Mujahideen (HM), Lashkar-e-Taiba (LeT) etc. for raising, receiving and collecting funds domestically and abroad through various illegal channels including hawala.
The NIA also stated before the court that this has been done for funding separatist and terrorist activities in Jammu and Kashmir and as such, they have entered into a larger conspiracy for causing disruption in the valley by way of throwing stones on security forces, systematically burning schools, damage to public property and waging war against India.
On this information, the Ministry of Home Affairs directed the NIA to register a case. Accordingly, the present case was registered by NIA for offences under sections 120B, 121, 121A of IPC and sections 13, 16, 17, 18, 20, 38, 39 and 40 of UAPA.
The NIA further added that during the investigation it was also revealed that APHC and other secessionists instigate the general public, especially the youth, to observe strikes and to resort to violence especially stone pelting on the security forces. This was done to create disaffection amongst the people of Jammu and Kashmir towards the Centre.
The inquiry also indicated that secessionists were mobilising funds from all feasible sources to fuel unrest and support ongoing separatist and terrorist actions in Jammu and Kashmir, according to the report. Pakistan, Pakistan-based terrorist organisations, and local donations were all used to fund the secessionists.
(With inputs from ANI)
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