Mohammed Yasin Malik, 54, founder of the organization Jammu Kashmir Liberation Front who was accused and charged with participating in alleged ‘acts of terrorism, illegally raising funds, being a member of a “terrorist organization”, terrorism financing, criminal conspiracy and sedition’, has now been sentenced to life in imprisonment.
On 19 March, Judge Praveen Singh set May 25 as the date for hearing arguments from both sides and sentencing. She also directed Malik to provide an affidavit regarding his financial assets. JKLF reports that while in court, Malik said, “Terrorism-related charges leveled against me are concocted, fabricated and politically motivated.”
The case is based on events from the 1990s when Malik and his associates were charged with the kidnapping of Rubaiya Sayeed in 1989 and the killing of four Indian Air Force officers in 1990.
Malik’s wife Mushaal Malik also appeared in a press conference in Islamabad, alongside PML-N’s Marriyum Aurangzeb. She spoke of the severely unjust treatment that the Indian government is subjecting on her husband, absolutely restricting the family from communicating with him and taking away his right to a free and fair trial. She demanded that her husband’s case be tried in the International Court of Justice and requested the United Nations to take action and establish an inquiry into this case.
On Monday, the Pakistani Senate passed an unanimous resolution condemning the case against Hurriyat leader and expressing solidarity with his family. The resolution was tabled by former prime minister Yousuf Raza Gilani.
Cases against Yasin Malik
Malik, who has been kept under arrest at New Delhi’s Tihar Jail was arrested by the National Investigation Agency (NIA) in April 2019, when he was already in jail for violating the Indian Public Safety Act, according to which one can be jailed for an entire year without any trial.
Malik, along with seven others, is charged with killing four Indian Air Force officers in 1990. However, their counsel has argued that since the group announced a unilateral ceasefire in 1994, the charge is not true.
Secondly, Malik is accused of abducting the then federal home minister Mufti Mohammad Sayeed’s daughter, Rubaiya Sayeed in 1989. Both of these cases have been presented in courts by the NIA under the Terrorist and Disruptive Activities (Prevention) Act [TADA].
Unfair trial
Despite there being no cases or new charges against Malik and his group throughout the BJP government, the court is now rushing through to reach sentencing in the trial.
In his open letter from prison, Malik wrote, “Though I have every legal right to be presented physically before the court, but the judge and the CBI at the behest of government are not allowing me to present myself before the trial court physically. I am being presented through video conference, where neither I am able to hear the arguments of the lawyers nor am I being allowed to speak.”
Commenting on the speed with which the case is being tried, Malik’s lawyer Tufail Raja told Al Jazeera, “When you reopen a 30-year-old case and pursue it at a fast pace in a bid to hastily produce judgement, you can understand the intentions of this government.” He added “This is a political rather than a judicial move.”
The verdict
Leading up to the announcement of the verdict, people had started coming out on the streets in Kashmir, on either side of the issue – in his support as well as those against him. The court also imposed various fines including a 5,000 INR and a 10,000 INR fine on Yasin Malik, along with two life imprisonment sentences, which will both run simultaneously.
DG ISPR and wife Mushaal Malik have vehemently condemned this decision on Twitter and held up Kashmir’s right to self determination.
