Terror funding case: Delhi HC issues notice to JKLF chief Yasin Malik on NIA plea seeking the death penalty for him
WHO IS YASIN MALIK?
Yasin Malik is a well-known person in the context of the Kashmir conflict. He is the head of the Jammu Kashmir Liberation Front (JKLF) and a leader of the Kashmiri separatist movement. Yasin Malik has been actively involved in promoting the Kashmiri people’s right to self-determination.
Yasin Malik, who was born on April 3, 1966, in Srinagar, Jammu, and Kashmir, got active in politics when he was a college student. He joined the JKLF, an organization that advocates for the creation of the independent state of Jammu and Kashmir, in 1987.
Yasin Malik has been at the forefront of rallies and demonstrations and has been outspoken in his opposition to Indian control in Jammu and Kashmir. Because of his activity and involvement in separatist operations, the Indian authorities have jailed and arrested him numerous times.
OBJECTIVE OF JAMMU KASHMIR LIBERATION FRONT (JKLF)
The Jammu Kashmir Liberation Front (JKLF) is a political group that supports independence and has been active in the Indian-ruled territory of Jammu and Kashmir. Amanullah Khan, a nationalist from Kashmir, created the group in 1977 with the intention of bringing about the independence of Jammu and Kashmir.
The JKLF fights for the people of Jammu and Kashmir’s right to self-determination and demands the region’s total independence from both Pakistan and India. They contend that a free and impartial plebiscite should be used to allow the people of Jammu and Kashmir to determine their own political future.
The organization has taken part in a variety of activism activities, such as nonviolent marches, strikes, and political campaigns, to spread awareness of the Kashmir issue and advance its cause. They have demanded an end to what they see as Indian occupation in Jammu and Kashmir and have denounced alleged human rights abuses by Indian security forces there.
The JKLF has experienced government repression and limitations on its activities over the years. Its leaders and members have been subjected to arrests, detentions, and various forms of harassment by the Indian authorities. One of the well-known people connected to the JKLF is Yasin Malik, who was elected as its chairman.
It’s vital to keep in mind that there are other political groups and organizations in the complicated political environment of Jammu and Kashmir, of which the JKLF is just one. There are other groups with various ideologies, such as those seeking greater autonomy within the Indian framework as well as those supporting fusion with Pakistan or India.
The exceedingly tense situation in Jammu and Kashmir has drawn attention from around the world for many years. There have been various attempts to resolve the problem, both at the regional and international levels, despite the diversity of ideas and attitudes on the issue. The shifting political realities in the area will continue to influence the JKLF’s future and its role in the continuing Kashmir crisis.
DELHI HIGH COURT ISSUES NOTICE TO YASIN MALIK IN TERROR FUNDING CASE
Yasin Malik has received a notice from the Delhi High Court in response to the National Investigation Agency’s request for the death penalty for him in a 2016 case involving funding for terrorism. He was given a life sentence by a trial court last year. Yasin Malik has been served with a notice after pleading guilty to a charge under section 121 of the Indian Penal Code, which carries a potential “alternative death sentence,” according to the division bench made up of Justice Siddharth Mridul and Justice Talwant Singh.
The Tihar jail’s jail superintendent will administer the notice. Additionally, the bench has issued warrants requiring Malik to appear in person before the High Court on August 9, which is the next hearing date. Malik has also received notice from the court of the NIA’s request for condonation of delay for “re-filing” their appeal.
The court requested the NIA to present the Law Commission’s suggestion, which proposes that the “death penalty should only be applicable to two offenses, one of which includes a terrorist act,” during the proceedings. Additionally, the court instructed that a digital copy of the trial court’s record be provided to them.
Warfare against the Indian government is addressed in Section 121 of the Indian Penal Code. This includes waging war, attempting to wage war, or aiding in the conduct of war. The accused may receive harsh punishments like the death penalty or a life sentence in jail.
The Solicitor General of India, Tushar Mehta, spoke on behalf of the agency and claimed that the JKLF, led by Yasin Malik, killed four members of the air force in Rawalpora and Srinagar and kidnapped Dr. Rubaiya Sayeed, the daughter of the former home minister Mufti Mohammed Sayeed. The purpose of these operations was to terrorize the populace. Four prominent terrorists were freed as a result of this kidnapping, and they went on to plot and carry out the 26/11 Mumbai attacks.
Mehta further claimed that there is documented evidence showing that Malik entered Pakistan as early as 1987 with the active support of ISI personnel to obtain firearms training.
“A broader issue that troubles the country is that any terrorist can come here, engage in terrorist activities, plead guilty, and the court would only sentence them to life imprisonment instead of the death penalty,” Mehta said after expressing his worry. Due to the possibility of the death penalty, this would lead to a situation where everyone would choose to plead guilty rather than go through with a trial.
There is proof that the accused intentionally planned stone-throwing attacks and other terrorist activities, published false information about us on social media, and actively coordinated these activities. Malik entered a plea of guilty to all charges, including those brought under the UAPA, on May 10 of last year.
Mehta argued, “If this case is not considered the ‘rarest of rare’ when someone is continuously engaged in armed rebellion, killing army personnel, and advocating for the separation of a region from the nation, then there can never be any case that qualifies as the ‘rarest of rare.'” The special NIA court did not consider the case to be the “rarest of rare,” according to its order from May 25, 2022. This establishes a precedent whereby someone can kill people, receive training from Pakistan, confess, be jailed, and then be released.
Mehta asked the court to disregard the delay in resubmitting the appeal, and the court stated that this is not a situation where “delay is an impediment.” Mehta said Malik tactfully pleaded guilty, and the judge noted that it might have been his “constitutional right.”
According to this criterion, Mehta said, Osama Bin Laden would have been permitted to enter a guilty plea and I would have addressed the problem of limitation if he had been prosecuted here. The court responded by making it clear that it cannot compare Malik to Laden because “Laden never faced trial anywhere.” Then Mehta said, “That’s precisely my point… perhaps the USA was right.”
The court declared that it was unable to pronounce on issues involving international relations. Mehta expressed his sympathy and urged the court to take into account all of the circumstances before considering tolerating the delay. The court promised that it will deal with the situation as soon as possible.
