New Delhi, August 9 (Udaipur Kiran): Yasin Malik, convicted in a murder and terror funding case, will personally argue in court on the National Investigation Agency’s (NIA) demand for the death penalty. Yasin Malik was produced through video conferencing during the hearing today. The next hearing in the case will be held on September 15.
During the hearing today, the court asked Yasin Malik if he wanted to appoint a lawyer to assist him and to name a lawyer of his choice. Rejecting the High Court’s offer, Yasin Malik said he would argue the case himself. Malik said that he had also argued the case himself in the trial court and that the NIA used to produce him physically in the trial court. We don’t understand why physical appearance is not being allowed in the High Court. Malik said that during the appearance in the trial court, the law and order situation never arose. Then the court said that this is the order of the High Court of 2023. You will have to challenge it in the Supreme Court. Then Malik said that he would argue through video conferencing but his request should be recorded.
Earlier on July 11, High Court Judge Justice Amit Sharma had recused himself from hearing the case. The case was listed in the bench of Justice Pratibha Singh. Justice Amit Sharma had worked as a prosecutor on behalf of the NIA in 2010. Therefore, he recused himself from hearing this case. Hearing the NIA’s petition, the High Court had issued a notice to Yasin Malik on May 29, 2023.
During the hearing, Solicitor General Tushar Mehta, appearing for the NIA, had said that the trial court had found the charges against Yasin Malik to be correct. He had said that it was strange that anyone would try to break the country’s integrity and later say that I accept my mistake and will not face trial. This is not legally correct. He had said that the NIA has strong evidence that Malik tried to spoil the atmosphere in Kashmir.
Mehta had said that he was constantly waging an armed rebellion. He was involved in the killing of army personnel, he kept talking about separating Kashmir. Can this not be a rarest of rare case. Mehta had said that under Section 121 of the Indian Penal Code, there is also a provision for the death penalty in cases of waging war against the Government of India. Such a criminal should be given the death penalty.
Mehta had said that Yasin Malik was involved in the killing of four Air Force personnel. His associates had kidnapped Rubaiya Sayeed, daughter of the then Home Minister. After that, his kidnappers were released who later carried out the Mumbai bomb blast. The High Court asked Mehta where you are saying that you are killing the soldiers. Tell where that thought came from. The court said that where in the trial court’s order is the mention of the killing of 4 Air Force officers. In this order, it is said that he was involved in stone pelting. Mehta, while presenting his side, had said that the matter of killing four Air Force officers is not in the copy of the judgment.
On May 25, 2022, the Patiala House Court sentenced Yasin Malik, convicted of murder and terror funding, to life imprisonment. The Patiala House Court imposed a fine of Rs 10 lakh on Yasin Malik under Section 17 of the UAPA, 10 years imprisonment and a fine of Rs 10,000 under Section 18, 10 years imprisonment and a fine of Rs 10,000 under Section 20, 5 years imprisonment and a fine of Rs 5,000 under Sections 38 and 39. The court imposed a fine of Rs 10,000 on Yasin Malik under Section 120B of the Indian Penal Code, 10 years imprisonment and a fine of Rs 10,000 under Section 121A. The court said that all these sentences awarded to Yasin Malik will run concurrently. This means that the maximum sentence of life imprisonment and a fine of Rs 10 lakh will be effective.
On May 10, 2022, Yasin Malik had confessed to his crime. On March 16, 2022, the court had ordered framing of charges against Hafiz Saeed, Syed Salahuddin, Yasin Malik, Shabbir Shah and Masarat Alam, Rashid Engineer, Zahur Ahmad Watali, Bitta Karate, Aftaab Ahmad Shah, Avtar Ahmad Shah, Naeem Khan, Bashir Ahmad Bhatt alias Peer Saifullah and other accused. According to the NIA, with the help of Pakistan’s intelligence agency ISI, organizations like Lashkar-e-Taiba, Hizbul Mujahideen, JKLF, Jaish-e-Mohammed carried out attacks and violence against civilians and security forces in Jammu and Kashmir. In 1993, the All Party Hurriyat Conference was formed to carry out separatist activities.
According to the NIA, Hafiz Saeed, along with the leaders of the Hurriyat Conference, transferred money through hawala and other channels to carry out terrorist activities. They used this money to spread unrest in the valley, attack security forces, burn schools and damage public property. After receiving this information, the Ministry of Home Affairs, under Sections 120B, 121, 121A of the Indian Penal Code and Sections 13, 16, 17, 18, 20, 38, 39 and 40 of the UAPA, registered a case.