Expressing displeasure over the personal appearance of Jammu and Kashmir Liberation Front (JKLF) chief Yasin Malik, the Supreme Court on Friday, July 21, questioned why he was brought to court when no such order was passed. The Central government also expressed concern over the physical appearance of Yasin Malik, in the apex court. Solicitor General of India Tushar Mehta wrote to Union Home Secretary Ajay Kumar Bhalla on Friday flagging a “serious security lapse” after Jammu Kashmir Liberation Front (JKLF) chief Yasin Malik, serving life term in Tihar jail, was brought to the Supreme Court for attending a case proceeding.
“It is my firm view that this is serious security lapse. A person with terrorist and secessionist background like Yasin Malik who is not only a convict in terror funding case but has known connections with terror organisations in Pakistan could have escaped, could have been forcibly taken away or could have been killed,” Mehta wrote.
He said that even the security of the Supreme Court would have been put to a serious risk if any untoward incident were to happen. Mehta highlighted that there is an order passed by the Ministry of Home Affairs with regard to Malik under section 268 of the Criminal Code of Procedure which prevents the jail authorities to bring the said convict out of the jail premises for security reasons.
Tag: Yasin Malik
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Govt raises concern over Yasin Malik’s appearance In SC
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Court hands life term to Yasin Malik in terror-funding case
New Delhi (TIP)- A Delhi court on Wednesday, May 25, awarded life imprisonment to Yasin Malik, one of the foremost separatist leaders of Jammu and Kashmir, in a terror funding case, saying the crimes were intended to strike at the “heart of the idea of India” and intended to forcefully secede J&K from Union of India. Special Judge Praveen Singh awarded varying jail terms to Malik for offences under the stringent anti-terror law—Unlawful Activities Prevention Act (UAPA) and the IPC, rejecting the NIA’s plea for capital punishment. He said the crimes for which Malik was convicted were of very serious nature.
“These crimes were intended to strike at the heart of the idea of India and intended to forcefully secede J&K from UOI. The crime becomes more serious as it was committed with the assistance of foreign powers and designated terrorists. The seriousness of crime is further increased by the fact that it was committed behind the smokescreen of an alleged peaceful political movement,” the judge said.
The judge said the manner in which the crimes were committed was in the form of conspiracy whereby there was an attempted insurrection by instigating, stone pelting and arson, and a very large-scale violence led to shutting of the government machinery. He, however, noted that the manner of the commission of crime, the kind of weaponry that was used, led him to a conclusion that the crime in question would fail the test of rarest of rare case as laid down by the Supreme Court. The court sentenced the JKLF leader to life in jail for two offences under Section 121 (waging war against the Government of India) of IPC and Section 17 (raising funds for terrorist act) of the UAPA.
During the hearing, Malik contended he had given up violence in the year 1994. “After the ceasefire in the year 1994, he had declared that he would follow the peaceful path of Mahatma Gandhi and engage in a non-violent political struggle. He has further contended that since then there is no evidence against him that in the last 28 years he had provided any hideout to any militant or had provided any logistic support to any terrorist organisation,” the court noted from Malik’s submission.
Source: PTI
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Pakistan condemns sentencing of Yasin Malik by Indian court in terror funding case
Islamabad (TIP): Pakistan on Wednesday condemned the sentencing of Kashmiri separatist leader Yasin Malik by an Indian court in a terror funding case, saying Islamabad will continue to provide all possible support to the Kashmiris.
A Delhi court on May 25 handed out life sentence to sentenced Malik, one of the foremost separatist leaders of Jammu and Kashmir, saying the crimes were intended to strike at the “heart of the idea of India” and intended to forcefully secede J&K from Union of India. In a tweet, Prime Minister Shehbaz Sharif said “India can imprison Yasin Malik physically but it can never imprison the idea of freedom he symbolises. Life imprisonment for valiant freedom fighters will provide fresh impetus to Kashmiris’ right to self-determination.”
Foreign Minister Bilawal Bhutto Zardari, who had written to UN High Commissioner for Human Rights Michelle Bachelet asking her to urge India to acquit Malik from all charges, “strongly” condemned the sentencing.
“Pakistan stands with Kashmiri brothers and sisters, will continue to provide all possible support in their just struggle,” he said in a tweet. Pakistan Army Spokesperson Major General Babar Iftikhar also condemned the life sentence given to Malik on what he called “fabricated charges.” He said such “oppressive tactics cannot dampen the spirit of people of Kashmir in their just struggle”. The Foreign Office summoned the Indian Charge d’Affaires here and conveyed Pakistan’s strongest condemnation of the sentence given to Malik.
It said that the international community must take immediate stock of the “aggravating situation” in Kashmir and press India to fulfill its obligations under the international humanitarian law and the Charter of the United Nations.
The Foreign Office in a statement earlier said that the foreign minister, as part of Pakistan’s ongoing efforts to draw the attention of the international community to the situation in Kashmir, sent the letter to Bachelet on May 24.
The Foreign Minister urged the High Commissioner and the Human Rights Council to take immediate cognisance of India’s targeting of indigenous Kashmiri leadership through motivated cases, particularly the treatment meted out by Malik. Separately, Foreign Minister Bilawal has written a letter to the Secretary-General of the OIC, Hissein BrahimTaha, apprising him of the dire human rights and humanitarian situation in Kashmir.
India has repeatedly told Pakistan that Jammu and Kashmir “was, is and shall forever” remain an integral part of the country. It also advised Pakistan to accept the reality and stop all anti-India propaganda. (PTI)
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Separatist leader Yasin Malik convicted in terror funding case
The court directed the National Investigation Agency (NIA) to assess Malik’s financial condition to determine the amount of fine that could be imposed and posted the matter for May 25 to announce the quantum of punishment. New Delhi (TIP)-Yasin Malik, a separatist leader from Jammu and Kashmir, was convicted by a National Investigation Agency court in Delhi on Thursday in a case related to terror funding, news agency PTI said. Special Judge Praveen Singh directed the NIA authorities to assess Malik’s socio-economic situation to determine the amount of fine to be imposed. Malik was also directed to file an affidavit disclosing all sources of his income and assets – movable and immovable. Arguments on the quantum of sentence will be heard on May 25, PTI reported. The court also formally framed charges against other separatist leaders who are accused in the case, including Farooq Ahmed Dar alias Bitta Karate. “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 organizations under the guiding hand and funding of Pakistani establishment,” the judge said. During arguments the court noted 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 Union of India, PTI said.
Earlier, Malik, chief of the banned Jammu and Kashmir Liberation Front (JKLF), had pleaded guilty to all charges – under sections 16 (terrorist act), 17 (raising funds for the terrorist act), 18 (conspiracy to commit terrorist act), and 20 (being member of terrorist gang or organisation) of the Unlawful Activities (Prevention) Act and sections 120-B (criminal conspiracy) and 124-A (sedition) of the Indian Penal Code (IPC). Malik told the court that he was not contesting the charges against him.
A day before Malik’s conviction Pakistan had summoned India’s Charge d’Affaires to the ministry of foreign affairs and handed over a demarche to him conveying Islamabad’s strong condemnation.