The National Investigation Agency (NIA) court on Wednesday awarded life imprisonment to Yasin Malik, a separatist leader from Jammu and Kashmir, in a terror funding case. The NIA court while sentencing Malik also imposed a fine of Rs 10 lakh. He was sentenced to life imprisonment twice (one for waging war against the nation and one in UAPA Section 17 raising fund for terror act). NIA had sought the death penalty for the separatist leader who was convicted on 19 May.
On 10 May, Malik had told the court that he was not contesting the charges levelled against him including Section 16 (terrorist act), 17 (raising funds for the terrorist act), 18 (conspiracy to commit terrorist act) and 20 (being a member of terrorist gang or organisation) of the UAPA and Sections 120-B (criminal conspiracy) and 124-A (sedition) of the IPC.
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 leave it on the court to decide it.”
An NIA press release said that the NIA Special Court, Patiala House, New Delhi, pronounces sentence in Hurriyat Terror Financing Case (RC-10/2017/NIA/DLI). “Today, NIA Special Court, Patiala House, New Delhi pronounced sentence convicting accused under various sections of UA(P) Act and IPC as follows: I) Yasin Malik @ Aslam s/o Md. Ghulam Qadir Malik r/o Yasin Gali, Mayasuma, Srinagar, UT of J&K was sentenced to: (i) 10 yrs rigorous imprisonment ( RI) and fine under section 120B of IPC; (ii) Life imprisonment and fine under section 121 of IPC; (iii) 10 yrs RI and fine under section 121A of IPC; (iv) 05 yrs RI and fine under section 13 of UA(P) Act r/w 120B of IPC; (v) 10 years RI and fine under section 15 of UA(P)Act r/w 120B of IPC; (vi) Life imprisonment and fine under section 17 of UA(P) Act; (vii) 10 years RI and fine under section 18 of UA( P) Act; (viii) 10 years RI and fine under Section 20 of UA( P) Act; (ix) 5 years RI and fine under Section 38 of UA(P) Act: (x) 5 years RI and fine under Section 39 of UA( P) Act.
“The case pertains to the conspiracy of Hafiz Muhammad Saeed, Amir of Jamaat-ud-Dawah and the secessionist and separatist leaders, including the members/cadres of the Hurriyat Conference, who acted in connivance with active militants of proscribed terrorist organisations viz Hizb-ul-Mijahideen, Dukhtaran-e-Millat, Laskhar-e-Taiba and
others to raise, receive and collects funds domestically and from abroad through various illegal channels, including hawala, for funding separatist and terrorist activities in J&K to cause disruption in the Kashmir valley by way of pelting stones on security forces, systematically burning schools, damaging public property and waging war against India,” the NIA press release said.
“The case was registered suo moto by NIA on 30.05.2017. Chargesheet was filed against 12 accused persons including two absconding accused persons namely Hafiz Mohammad Saeed, head of LeT and Yusuf Shah@ Salahuddin, head of HM, both based in Pakistan on 18.01.2018. Subsequently, first supplementary chargesheet was filed against one accused person on 22.01.2019 and second supplementary chargesheet was filed against 05 persons, including convicted accused Yasin Malik on 04.10.2019. Trial against remaining 14 accused persons in the case continues,” the NIA press release added.
Meanwhile, reacting to the conviction, Mohamad Yousuf Tarigami, spokesperson, People’s Alliance for Gupkar Declaration (PAGD) said: “Life imprisonment given to Yaseen Malik is unfortunate and setback to the efforts for peace. We are afraid that this will further compound the uncertainties in the region and will only fuel more alienation and separatist feelings. The NIA court has delivered its verdict but not justice. The triumphalism being displayed by the BJP and the corporate media is bound to prove counterproductive. Meanwhile, we suggest that Malik should avail all legal opportunities to contest this verdict.”
All Parties Hurriyat Conference (APHC) headed by incarcerated Mirwaiz Umar Farooq strongly condemned the conviction and sentence of life imprisonment for Yasin Malik by the court in New Delhi. APHC said that since 1994, Yasin Malik had pursued peaceful and democratic means of conflict resolution. A strong votary of dialogue and negotiations between the parties concerned to the Kashmir conflict, that is, people of J&K, India and Pakistan, he has been relentlessly and selflessly seeking its resolution, the APHC said. Malik actively participated in all negotiations held on Kashmir after 2000 under various regimes in New Delhi and Islamabad. Yet he was arrested, shifted to Tihar and has now been convicted in invented cases under draconian laws, when actually he is being punished for his political beliefs on the J&K dispute and for representing the sentiments of its people, the APHC said. The complete protest strikes being observed by people despite state coercion and pressure not to allow it, show’s people’s commitment to resistance against force and in support of resistance leadership in jails and under incarceration. The APHC asked the Government of India to release all political prisoners in jails across India and under house arrest, and resolve the lingering Kashmir conflict peacefully through deliberations among the parties to the dispute, keeping in view the will of the people of J&K. Imprisonment and incarceration cannot change that reality, it said.
WITH INPUTS FROM ITV NETWORK.